Eliminating Chevron and Auer Deference

August 3, 2023 Administrative State 0

by Mike Rappaport In my last two posts, I have described how one could employ a reformed REINS Act and independent administrative courts to allow for greater separation of powers ...

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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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Judicial Strategies to Contain the Administrative State

by John O. McGinnis The most important developments this term at the Supreme Court were the skirmishes around the administrative state. These skirmishes revealed a variety of strategies, sometimes conflicting, ...

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