💬 Opinion 2d ago · Jonathan H. Adler

"There Is an Error in the Supreme Court's Analysis in Loper Bright."

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[Note: See follow-up post here.]
In Loper Bright Enterprises v. Raimando, the Supreme Court overturned Chevron U.S.A. v. NRDC's holding that federal courts should defer to reasonable agency interpretations of ambiguous statutory provisions. In Loper Bright, the Court concluded that Chevron deference was incompatible with the Administrative Procedure Act. As Chief Jsutice Roberts explained, Section 706 of the APA  provides "'the reviewing court'—not the agency whose action it reviews—is to 'decid

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