In the wake of the Supreme Court's departure from the precedent of Chevron deference, a new battle is brewing. Mere months after the court’s landmark ruling in Loper Bright Enterprises v. Raimondo, the government is continuing to claim broad regulatory powers — now motivated by the decision in Loper Bright itself.
In several cases, the government is taking an aggressive reading of Loper Bright’s acknowledgment that Congress sometimes delegates discretionary authority to agencies.
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