The Supreme Court’s Decision Overruling Chevron is Important—But Less so than You Might Think
by ILYA SOMIN It won't end the administrative state or even significantly reduce the amount of federal regulation. But it's still a valuable step towards protecting the rule ...
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Against Skidmore Deference
by Mike Rappaport In my last post, I explained why I oppose both Chevron and Auer deference, which give agencies additional power, undermine the rule of law, and provide bad incentives to agencies. Scholars ...
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Loper Bright —Chevron Needs a Gravestone, Not Another Exception, by Isaiah McKinney
by Isaiah McKinney The Supreme Court recently granted certiorari in Loper Bright Enterprises v. Raimondo, a case where commercial fishers are challenging an agency’s statutory authority to issue a regulation requiring the ...
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A Trio of “Sleeper” Nondelegation Doctrine Challenges
by Randolph J. May For those, like me, who harbor hopes that abuses of authority by administrative agencies might be curbed, a meaningful revival of the nondelegation doctrine has been ...
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