The Latest Breaking News from Loper Bright

North Carolina enacts bill restricting judicial deference by administrative law judges

North Carolina became the fifth state to restrict judicial deference through legislation in 2026 when Gov. Josh Stein (D) signed Senate Bill (SB) 445, the Regulatory Review Act of 2026, into law on Aug. 11. The new law prohibits administrative law judges (ALJs) from engaging in the practice of judicial…

Ballotpedia · Sep 10

"There Is an Error in the Supreme Court's Analysis in Loper Bright."

The Supreme Court's Chevron decision did not cite the Administrative Procedure Act perhaps because it was not an APA case.

Reason · Jul 24

Why Trump’s move to gut the Endangered Species Act likely won’t hold up in court

The Trump administration has decided that destroying the habitat of endangered species is not harmful.

The Conversation · Jul 17

The Supreme Court Reined in Federal Regulators. What Happens Now?

The Court this year reversed Chevron, a decades-old precedent giving bureaucrats deference over judges when the law is ambiguous.

Reason · Sep 10, 2024

Turning The Corner Post On Vacatur

Also, Judges Kacsmaryk and Ho seem vindicated on the statute of limitations to challenge mifepristone.

Reason · Aug 15, 2024

Chevron may undo reproductive care

Experts weigh in on our destabilized Supreme Court and how more than environmental regulation is being threatened

Salon · Jul 26, 2024

Jarkesy Should Not Have Been So Easy For Justice Barrett

There are tensions between Jarkesy, CFPB, and Vidal.

Reason · Jul 25, 2024

The death of the Chevron doctrine complicates U.S. lawmakers’ efforts to regulate AI—but there’s another way

The Loper Bright decision, while challenging existing regulatory approaches, presents an opportunity to create more innovation-friendly governance for AI.

Fortune · Jul 11, 2024

SCOTUS leaves public open to biz abuses

A series of Supreme Court rulings gutted the government's ability to protect consumers and the environment

Salon · Jul 11, 2024

From "Deference" to "Respect"—The Real Import of Loper Bright

The decision to overturn Chevron removes an agency trump card, but does not instruct courts to ignore agency opinions--and they won't.

Reason · Jul 3, 2024