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FDA v. Wages and White Lion Investments: A Reminder of the Deference to Agency Determinations Post-Loper Bright

In FDA v. Wages and White Lion Investments LLC, the U.S. Supreme Court’s unanimous decision in favor of the Food and Drug Administration serves as a reminder of the deference still accorded to regulatory agencies post-Loper...more

DNC Files First Challenge to Executive Order Seizing Power From Independent Regulatory Agencies, but With a Twist That May Limit...

We recently covered executive order 14215, titled “Ensuring Accountability for All Agencies,” the second Trump administration’s most straightforward attack on the discretion of what it called “so-called independent regulatory...more

Executive Order Making “So-Called Independent Agencies” Directly Responsive to the President Is Another Nail in the Coffin of the...

On February 18, 2025, the Trump administration issued its most straightforward attack on the discretion of what it described as “so-called independent agencies.” Executive order 14215, titled “Ensuring Accountability for All...more

Move Over Loper Bright — Nondelegation Doctrine Is Administrative State’s New Battleground

Last term’s opinion in Loper Bright Enterprises v. Raimondo was a landmark in the U.S. Supreme Court’s administrative law jurisprudence, overturning 40 years of Chevron deference with a pen stroke. The Loper Bright/Chevron...more

Breeze or Gale? Unanswered Questions at the Heart of the Supreme Court’s Recent Administrative Law Decisions

When legal historians look back on the U.S. Supreme Court’s 2024 term, the most eye-popping decisions will almost certainly be the immunity and ballot access claims lodged by former President Trump. Those opinions are,...more

The End of Chevron – Bite-Sized Analysis for the Fourth of July

Near the conclusion of a tumultuous term, the Supreme Court issued what may be its most consequential opinion, jettisoning Chevron deference and 40 years of administrative law. In Loper Bright Enterprises v. Raimondo, a...more

Chevron on the brink — the Supreme Court could revolutionize administrative law this term (but shouldn’t)

In 1984, a six-Justice Supreme Court — the minimum needed for a quorum — issued Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc.1 and introduced “Chevron deference” into the legal lexicon. Chevron provides a...more

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