The Supreme Court and the Future of Commercial Regulation by the Administrative State
Publisher
CLS Blue Sky Blog
Date
2024-1-31
On January 17, the Supreme Court heard arguments in what are potentially the most significant commercial law cases of the last decade. In the companion Loper Bright and Relentless cases, the court considered the possibility of overturning Chevron v. Natural Defense Resource Council, an outcome that would signal a major change to the administrative state. Agency action has become an increasingly prevalent form of regulation, and Chevron deference contributes to its utility in serving the policy goals of presidential administrations. I want to suggest, though, that, while overturning Chevron would indeed be a matter of seismic legal importance, it might not be for the reasons most commonly mentioned.
Citation
Thomas B. Nachbar, The Supreme Court and the Future of Commercial Regulation by the Administrative State, CLS Blue Sky Blog (2024).