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An Administrative State No Longer: How North Carolina May Reduce Executive Authority

The distinctions and relationships between the three branches of government—legislative, judicial, and administrative—are not static, but ever-changing, both at the federal and state levels. The separation of powers required...more

After Chevron: The New Battleground for Policing Federal Agencies in the Loper Bright Era

Chevron deference has ended, and with it the significant judicial deference to federal agency interpretations of silences or ambiguities in Congressional statutes....more

Big Deal / Little Deal: Why the U.S. Supreme Court’s Loper Bright Opinion Is a Gamechanger While Its Jarkesy Opinion Is...

The final week of June was a big one for those who have been following what seems to be a constriction of federal agency power under Chief Justice Roberts.  A decision in Securities and Exchange Commission v. Jarkesy came on...more

U.S. Supreme Court’s Corner Post Ruling Prolongs Federal Agencies’ Exposure to Suit

In another notable 6-3 decision following the end of Chevron deference, the Supreme Court of the United States on July 1, 2024, reiterated that suits against federal agencies challenging an agency rule begin to accrue when a...more

Chevron Overruled, Judicial Deference to Federal Agencies Restricted

In its 6-3 opinion on June 28, 2024, the Supreme Court of the United States ended forty years of the federal courts’ near-complete deference to federal administrative agencies in questions of statutory interpretation....more

Highlights from Oral Argument in Loper Bright Enterprises v. Raimondo

The pending challenge to federal Chevron deference took its next step forward on January 17, 2024, when the U.S. Supreme Court heard oral arguments in Loper Bright Enterprises v. Raimondo....more

Chevron Deference to Administrative Agencies Re-examined as the United States Supreme Court Considers Loper Bright Enterprises v....

Chevron deference has been a staple of American federal jurisprudence since its implementation in 1984.  The case, Chevron U.S.A., Inc. v. National Resources Defense Council, Inc., 467 U.S. 837, arose from EPA’s adoption of a...more

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