Skidmore v. Swift & Co.
Understanding Loper: The Primacy of Skidmore
A previously obscure 1944 case will now be central to judicial review.
Some commentators have tended to write off Skidmore and assume that judges will ignore agency views after Loper Bright. That is a misreading of the Court’s opinions in Loper and in Skidmore itself.
CONTINUE READINGA Paper Tiger?
Trump is proposing big changes to CEQ regs. But they may not matter.
The Trump Administration is trying to gut the current White House rules on environmental impact statements. Some people view this move as a death blow to an important environmental tool. Here’s what Trump is trying to do and why it may not matter as much as people fear. As to what Trump & Co. are …
Continue reading “A Paper Tiger?”
CONTINUE READINGIf Textualism Isn’t Dead, It’s Badly Wounded
This one is too good not to blog. Strictly speaking, it’s an immigration case, but it has interesting implications for all statutes and especially environmental ones. Jawid Habibi is a lawful resident alien, but not someone you’d want to hang around with. He was convicted of domestic misdemeanor battery in California, and then received a 365-day …
Continue reading “If Textualism Isn’t Dead, It’s Badly Wounded”
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