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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

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

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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