A Legal Earthquake
With several key decisions this term, the Supreme Court has shaken up prevailing governing doctrines and produced substantial legal uncertainty.
The Imperial Supreme Court
Loper Bright significantly expands the power of the Supreme Court at the expense of democratic institutions of government.
The End of the Chevron Era
The Administrative Procedure Act empowers courts—not agencies—to decide a statute’s single best meaning.
Two Neglected Effects of Loper Bright
The Supreme Court’s decision to overturn Chevron may have two salutary effects on administrative law.
Overturning Chevron Will Not Transform Congress
Claims about the consequences of remaking Chevron deference require empirical backing.
The Supreme Court’s Self-Coronation
The U.S. Supreme Court’s current docket presents the Court with more opportunities to empower itself at the expense of other governmental institutions.
On Misciting Marbury
In deciding whether to overrule the Chevron doctrine, the Supreme Court should not be persuaded by mistaken invocations of a famous dictum.
Supreme Court To Hear Case Endangering the Chevron Doctrine
A dispute over fishery regulation could deliver a blow to a key doctrine calling for deference to administrative agencies.
Guidance for Regulators on the Major Questions Doctrine
To avoid potential legal challenges, agencies should take even more care in their regulatory planning, review, and communication.
Another Round of Speculation about Chevron?
An upcoming SCOTUS case provides an opening for greater dispute over the power of regulatory agencies.
Is Chevron Deference Still Alive?
Three takeaways follow from the Supreme Court’s recent opinions ignoring Chevron v. NRDC.