Loper deference
Understanding Loper: A Sheep in Wolves’ Clothing?
The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.
This post is the last in a weeklong series on the Supreme Court’s ruling in the Loper Bright case. The ruling caused much rejoicing among conservatives who foretold the death of the administrative state. Among liberals, there was much rending of garments and gnashing of teeth. No one focused on the nuanced doctrine that the Court …
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CONTINUE READINGUnderstanding Loper: The Grandfather Clause
Hundreds of past federal cases relied on Chevron. They remain good law.
To cushion the shock of abandoning Chevron, the Supreme Court created a safe harbor for past judicial decisions. This was well-advised. The Court itself applied Chevron at least seventy times, as did thousands of lower court decisions. The key question will be the scope of the grandfather clause. The Court’s discussion began by saying that …
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