Loper Bright: Chevron is the Catch of the Day
The article provides a close examination of the historic Supreme Court decision in Loper Bright which overruled the decades old Chevron deference doctrine. This decision shook the foundations of administrative law. The article provides perspectives such as retracing the history of the Administrative Procedure Act, the origin story of Chevron deference, the development of criticisms of the doctrine, the individual views of the justices and potential implications of the decision.
The article explains the importance of Article III of the Constitution in the majority's reasoning and the assertion of judicial authority in statutory interpretation cases. The article also covers the dissenting views to the opinion, including Justice Kagan's warning about judicial activism and hubris that could result from the decision.
Full Citation
Joe Cosgrove Jr.. "Loper Bright: Chevron is the Catch of the Day," 64:2 Infrastructure 1 (2025)