Admin Law After the Storm: The Fallout from Loper Bright and more.
Description
In addition to overruling Chevron, the Court made several significant changes to administrative law last Term including in cases about the timing of lawsuits under the APA and the availability of in-house agency adjudication. This panel discusses what will happen next. Most imminently there are several questions of statutory interpretation coming from agencies on the Court’s docket already. Major cases about the structure of administrative agencies are making their way through the lower courts. Will the Court have more big moves in store for the administrative state this term, and relatedly what is most likely to take place in the lower courts in the wake of these major decisions?
Resources
Supreme Court Pares Back Federal Regulatory Power, Jess Bravin, Wall Street Journal
Overturning the Chevron decision has been a major goal of the conservative legal movement, Adam Liptak, The New York Times
Supreme Court curbs federal agency power, overturning Chevron precedent, Ann E. Marimow and Justin Jouvenal, Washington Post
Supreme Court Overturns Chevron Rule in Blow to Agency Power, Greg Stohr, Bloomberg
Supreme Court Extends Time Frame for Challenges to Regulations, Abbie VanSickle and Adam Liptak, The New York Times