Deputy Assistant Director of the American Law Division, Congressional Research Service
The Supreme Court's decision in Loper Bright to overturn the Chevron doctrine has raised questions on the continuing vitality of those lower court decisions that relied on Chevron to uphold agency regulations. A new product by the Congressional Research Service's American Law Division considers the relationship between Loper Bright and earlier cases that applied Chevron deference, including the possibility that circuit splits emerge between those circuits that upheld agency interpretations under Chevron and those circuits that might consider, for the first time, challenges by different parties to those interpretations brought under the post-Loper Bright framework. The product concludes by briefly recapping 40 appellate court decisions in recent years where Chevron deference was applied to uphold agency action addressing a broad range of topics. Read it here: https://lnkd.in/eVSsDyfV (Any positions, statements, commentary, or views expressed by the author here are solely those of the author in his personal capacity and are not presented as those of the Congressional Research Service or the Library of Congress.) #chevron #loperbright #relentless #federalcourts #adminlaw #congress