For forty years, U.S. courts have deferred to unelected bureaucrats for the interpretation of ambiguous statutes. The principle of “Chevron deference” is the legal basis of the administrative state, the extra-constitutional rule by experts that provides the legal framework and the workaday operations of the group quota regime. This series discusses Loper Bright and its consequences.
Topics
After Chevron, Conservatives Should Aim Higher
Legal conservatives must think big: Set your sights on Everson v. Board of Education and…
SCOTUS Is Scared of Fundamental Questions
In Loper Bright v. Raimondo, the Court again ruled on a technicality while leaving the…
Draining the Swamp Is Now a Job for Congress
Whether Loper Bright will tame the administrative state is now dependent on the action, or…
The Leviathan Has Not Been Tamed
When the Supreme Court overruled the doctrine of Chevron deference in this term’s…
Posts
Congress and the President Must Reclaim Power
At the end of the 2023-24 Supreme Court term in June, a 6-3 majority in Loper Bright Enterprises…
Will Lower Courts Preserve the Administrative State?
If lower courts continue to thumb the scales in favor of the agencies, Chevron will remain alive in spirit.
It’s Bigger Than Chevron: The Civil Rights Regime
If we want real reform, we must challenge the group quota regime as a whole, not just attack its features…
After ‘Chevron’: Out of the Frying Pan, Into the Fire?
The Court's decision in 'Loper Bright' merely transfers misplaced power from unelected bureaucrats to unelected judges.