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The Latest Breaking News from Loper Bright

"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

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

Will Salerno Replace Chevron?

Salerno is "unique among these Chevron substitutes, in that the 'no set of circumstances' framework is far more favorable to the government than even Chevron ever was."

Reason

From analysis to the latest developments in health,
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Charles Koch’s network launches $20m campaign backing Trump tax breaks

Revealed: fossil fuel billionaire’s Americans for Prosperity vows ‘herculean undertaking’ to renew and deepen tax cuts

The Guardian - US

Experts Refute Musk And Ramaswamy's Plan To Slash Regulations

Supreme Court rulings and deregulatory efforts impact federal regulations; experts caution on complexities and resource challenges.

Top News

Justice Kavanaugh Warns Against Over-Reading Loper Bright Decision

The Court's decision to overturn Chevron should be seen as more of a "course correction" than a revolution. (Updated with Video.)

Reason

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

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Turning The Corner Post On Vacatur

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

Reason

Chevron may undo reproductive care

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

Salon

Jarkesy Should Not Have Been So Easy For Justice Barrett

There are tensions between Jarkesy, CFPB, and Vidal.

Reason

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

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

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

On The Loper Bright Side For Immigration Lawyers

How will the Board of Immigration Appeals operate in a world without Chevron?

Reason

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The Conversation

What’s next after Supreme Court curbs regulatory power: More focus on laws’ wording, less on their goals

Federal Chevron deference is dead. On June 28, 2024, in a 6-3 vote, the Supreme Court overturned the 40-year-old legal tenet that when a federal statute is silent or ambiguous about a particular regulatory issue, courts should defer to the implementing agency’s reasonable interpretation of the law.

Reason

And Don't Call It Loper

The name of the company is Loper Bright Enterprises.

Reason

Chief Justice Roberts's Opinions Are Best Read Once

But after a second, a third, and a fourth read, all of the fancy veneers and window dressing start to come off.

Reason

Understanding Chevron's Death

Today the Supreme Court ruled, 6-3*, to overrule the doctrine of "Chevron" deference to agencies in Loper Bright Enterprises, consolidated with Relentless Inc. The bottom line should be unsurprising to anybody who had been following the arguments or the Court's treatment of Chevron over the past decade. The only thing…

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Kiplinger

Supreme Court Strikes Down Chevron: What It Means for the IRS

A landmark decision from SCOTUS fundamentally alters the administrative law landscape and impacts federal agencies, including the IRS.

Roll Call

Supreme Court gives judges more power to review agency rules - Roll Call

The Supreme Court in a decision Friday curtailed the power of federal agencies to implement laws passed by Congress.

Reason

Justice Kavanaugh Rejects The Substantive "Veterans Benefits" Canon

A careful textualist analysis that speaks more broadly to other substantive canons, including Chevron deference.

Reason

Whether Chevron Stands or Falls, Any Deference Should Be Based Upon Delegation, Not Ambiguity

Some thoughts on the most important issue in Relentless and Loper Bright.

Ballotpedia

SCOTUS hears oral argument in challenge to Chevron deference

The United States Supreme Court on January 17, 2024, heard oral argument in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce—two consolidated cases challenging an agency’s interpretation of a federal fishery law that could affect future applications of Chevron deference by the federal courts.

Reason

SCOTUS Ponders the Ambiguity of 'Ambiguous' and Other Chevron Doctrine Puzzles

The justices seem inclined to revise or ditch a 1984 precedent that requires deference to executive agencies' statutory interpretations.

Roll Call

High court hears arguments in cases that challenge deference to executive agencies that interpret the law - Roll Call

The Supreme Court heard arguments in two cases that could remove the deference given to the executive branch in interpreting law.

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