The U.S. Supreme Court’s June 28, 2024, decision in Loper Bright Enterprises v. Raimondo (consolidated with Relentless, Inc. v. Department of Commerce) eliminated Chevron deference. In a 6–3 ruling, the Court held that judges must independently interpret ambiguous federal statutes rather than defer to agency interpretations. The majority wrote that such deference violated the judiciary’s…
What’s the story In the 2025 legislative sessions, Kentucky, Oklahoma, and Texas enacted laws prohibiting judicial deference by state courts to state administrative agencies. In a fourth state, Missouri, the legislature approved a bill and sent it to the governor’s desk. It had not been signed as of June 13. Three states were Republican trifectas.…
The United States Supreme Court on January 17, 2024, heard oral argument in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce—two consolidated cases challenging an agency’s interpretation of a federal fishery law that could affect future applications of Chevron deference by the federal courts. A coalition of commercial fishermen in Loper…