The U.S. Supreme Court seems poised to heed the U.S. Chamber’s call to cabin the scope of Chevron deference. Indeed, the Court may end up overturning Chevron entirely.
Nobody can say for sure what the Supreme Court will do in the Loper case. But we can say this: There is nothing in the Constitution or in its history that justifies shifting the power to fill gaps in a statute from a government agency in the executive branch to the judiciary, provided ...
Tax Development Aug 17, 2023 By Mark L. Nachbar The U.S. Supreme Court accepted review of Loper Bright Enterprises v. Raimondo,1 which may determine the fate of the deference doctrine established in Chevron2 in 1984. The issue in Loper is whether the Court should overrule Chevron, or ...
Oral arguments in both appeals were held on Jan. 17, 2024. Three Supreme Court justices appeared poised to leave theChevrondoctrine intact: Justices Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson. Among other rationales for keepingChevrondeference, this set of justices appeared...
The U.S. Supreme Court ruled today that courts may no longer defer to an agency’s interpretation of an ambiguous statute so long as that interpretation is reasonable, a practice that had been known as Chevron deference. Instead, the Court held that federal courts are ...
Hohenstein, Elizabeth A.George Mason University Civil Rights Law Journal
The Supreme Court overturned Chevron deference, a 40-year legal principle that has shaped the role of government agencies. The outcome could affect medication approval, pollution regulation, and more
Toss the Chevron deference and every time the EPA wants to close a facility leaching poisons into the drinking water, a federal court will decide the issue. That would be just as bad as it sounds. Corporate interests have been itching to get rid of the Chevron deference for as ...
Supreme Court Places a “Tombstone” on Chevron Deference: What are the Implications for MSHA and OSHA? June 28, 2024By: Benjamin J. WilsonOn June 28, 2024, the Supreme Court issued a highly-anticipated decision in the twin cases of Loper Bright Ent...
Supreme Court overturned the Chevron doctrine, a legal principle that required courts to defer to federal agencies' interpretations of vague statutes. Topics include impact on regulatory consistency, the potential for increased judicial scrutiny of agency decisions; and the broader implications for ...