Without more, we are as yet unprepared to join those who believe that the overruling of "Chevron" in and of itself will result in the disassembly of modern administrative regulatory programs. In Loper ...

Randel Johnson, left, of Cornell Law School, and Michael J. Lotito, of Littler, right. Courtesy photos The U.S. Supreme Court recently heard arguments regarding whether it should reverse or modify the ...

This is a preview. Log in through your library . Abstract Judicial deference to administrative agencies is often viewed as a dichotomous choice between full deference and no deference, ignoring ...

WASHINGTON, June 28 (Reuters) - The U.S. Supreme Court decided on Friday to overturn a 40-year-old legal doctrine used by the federal government to defend some of its regulatory actions in court. The ...

The Supreme Court's controversial 1984 decision in Chevron v. Natural Resources Defense Council requires federal judges to defer to administrative agencies' interpretations of federal laws that the ...

In two cases the Supreme Court is considering, herring fishermen in New Jersey and Rhode Island are challenging regulatory fees they say were never authorized by Congress. Critics of those lawsuits ...

Judges are the primary interpreters of law. At least, that’s the conventional view—that the Constitution entrusts federal judges with interpreting the laws passed by Congress. But since the 1980s, the ...

What should courts do when an agency action is based upon scientific evidence within the agency's expertise, but also implicates heightened scrutiny? Federal courts are generally quite deferential to ...

Jack Fitzhenry is a legal fellow in The Heritage Foundation's Meese Center for Legal and Judicial Studies. Follow him on X at @Jfitzy_jd. GianCarlo Canaparo is a legal fellow in the Edwin Meese III ...

WASHINGTON (Reuters) -The U.S. Supreme Court decided on Friday to overturn a 40-year-old legal doctrine used by the federal government to defend some of its regulatory actions in court. The doctrine, ...