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The US Supreme Court ruled on Friday that courts must exercise independent judgment in assessing an agency’s statutory authority. The Supreme Court did not decide on the facts of Loper. The Loper court disagreed, finding that “ Chevron was a judicial invention that required judges to disregard their statutory duties.”
Latty Distinguished Professor of Law and Co-Director, Center for Innovation Policy at Duke Law In a flurry of recent decisions, the Supreme Court has continued its skepticism of administrative agencies. Consider first staredecisis and the Court’s overruling of Chevron deference (i.e.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The United States is easily the most successful petitioner before the Supreme Court, winning review in over 70% of the cases in which it files a cert petition. Court of Appeals for the 9th Circuit affirmed.
Share The Supreme Court will hear oral argument on Wednesday in a case involving the deference that courts should give to federal agencies’ interpretations of the laws that they administer. Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers.
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