Recent Posts

The Alaska Model For Democracy In Elections
Senator Cathy Giessel [*] & Senator Bill Wielechowski [**] I. Introduction Democracy in the United States depends on constitutional cornerstones such as the First Amendment, from a political candidate’s freedom of expression in conveying and defending positions, to a private citizen’s freedom of association with any political party (or none whatsoever), to a voter’s ultimate … Continue reading “The Alaska Model For Democracy In Elections”
Tossing Sand In The Regulatory Gears: Hurdles To Policy Progress In The Supreme Court
Nina A. Mendelson [*] In the last few years, the Supreme Court has been a source of seismic change. In Dobbs v. Jackson Women’s Health Organization, the Court overruled Roe v. Wade, which had protected the right to abortion for nearly fifty years. In Loper Bright Enterprises v. Raimondo, the Court abandoned so-called Chevron deference … Continue reading “Tossing Sand In The Regulatory Gears: Hurdles To Policy Progress In The Supreme Court”
Overruling Chevron Without a Coherent Theory of Statutory Interpretation and the Court-Congress Relationship
Abbe R. Gluck [*] I. Introduction The Supreme Court does not have, and has not ever had, a coherent theory of the Court-Congress relationship in statutory interpretation. Nevertheless, the Court overruled one of the most cited cases in the U.S. Reports—Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc.—based on a theory of statutory-interpretation … Continue reading “Overruling Chevron Without a Coherent Theory of Statutory Interpretation and the Court-Congress Relationship”
Two Takes on Administrative Change from the Roberts Court
Daniel T. Deacon[*] & Leah M. Litman[**] I. Introduction In Loper Bright Enterprises v. Raimondo, the Supreme Court finally did what many long hoped (or feared) it would do: overrule Chevron v. Natural Resources Defense Council. Chevron instructed courts to defer to an agency’s interpretation of an ambiguous statutory provision, provided the interpretation was reasonable. … Continue reading “Two Takes on Administrative Change from the Roberts Court”
Discretion Is Not (Chevron) Deference
Donald L. R. Goodson [*] Discretion is not deference. Many often confuse the two, but the distinction is important, especially now that the Supreme Court has eliminated the deference doctrine associated with Chevron U.S.A., Inc. v. Natural Resources Defense Council. Chevron deference concerned ambiguous statutory terms or phrases (and implicit grants of authority), while discretion … Continue reading “Discretion Is Not (Chevron) Deference”

Special Loper Bright Symposium Edition

Articles

Published Pre-Loper Bright Enterprises v. Raimondo

Looking for Your Friends at a Cocktail Party: The Dubious Role of Rejected Legislation and the Overlooked Potential of the Appropriations Process

By Greg Dotson

The Bonfire of the Equities: Judicial Stays of Federal Environmental Regulations

By Sean H. Donahue & Megan M. Herzog

Major Floodgates: The Indeterminate Major Questions Doctrine Inundates Lower Courts

By Patrick Jacobi & Jonas Monast

Published Post-Loper Bright Enterprises v. Raimondo

Discretion Is Not (Chevron) Deference

By Donald L. R. Goodson

Two Takes on Administrative Change from the Roberts Court

By Daniel T. Deacon & Leah T. Litman

Overruling Chevron Without a Coherent Theory of Statutory Interpretation and the Court-Congress Relationship

By Abbe R. Gluck

Tossing Sand In The Regulatory Gears: Hurdles To Policy Progress In The Supreme Court

By Nina A. Mendelson