Overruling Chevron: The Effects of the Supreme Court’s Loper Bright Decision-Overruling Chevron The Effects of the Supreme Court’s Loper Bright Decision Slides

Overruling Chevron The Effects of the Supreme Court’s Loper Bright Decision Slides

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The presentation by Lucas Townsend of Gibson Dunn provides an in-depth analysis of the Supreme Court’s 2023 decision in Loper Bright Enterprises v. Raimondo, which overruled the long-standing Chevron doctrine. Chevron deference, established in 1984, gave federal agencies authority to interpret ambiguous statutes within their regulatory scope, with courts deferring to reasonable interpretations by agencies. However, in Loper Bright, the Court rejected this deference, mandating that courts now independently interpret statutes to find the “single, best meaning,” disallowing acceptance of merely “reasonable” agency interpretations. The decision reasserts judicial supremacy in statutory interpretation consistent with the Administrative Procedure Act and Article III of the Constitution.<br /><br />Although Chevron is overruled, the ruling preserves some forms of deference, notably Skidmore respect for agency views based on their persuasive power, and deference on factual findings. The decision primarily limits agencies’ flexibility in regulatory interpretation and rulemaking, likely reducing regulatory whipsaw by curtailing agencies’ ability to change policies unchecked. It augments judicial scrutiny over agency interpretations, enforcement, and adjudications, incentivizing agencies to carefully ground their interpretations in statutory text.<br /><br />The presentation also details the practical effects of Loper Bright, including impacts on federal regulators’ authority, administrative adjudications, and enforcement actions, predicting agencies will continue to assert expertise and seek express delegations. Additionally, the 2023 Supreme Court term featured other pivotal administrative law rulings: Corner Post, Inc. v. Federal Reserve clarified when the statute of limitations begins for APA challenges, widening opportunities to contest agency rules; and SEC v. Jarkesy limited agencies’ ability to use in-house tribunals for civil penalty enforcement, emphasizing jury trial rights.<br /><br />Overall, the Court’s recent administrative law decisions mark a significant reset, enhancing judicial oversight, restricting agency discretion, and signaling heightened agency accountability in the regulatory state.

Keywords

Loper Bright Enterprises v. Raimondo

Chevron doctrine overruled

Chevron deference

Supreme Court 2023 decision

judicial supremacy

Skidmore deference

administrative law rulings 2023

federal agency regulatory authority

statutory interpretation

agency enforcement and adjudication