Welcome to Recasting Regulations, a blog from the Americans for Prosperity Foundation that tracks the implications of the Supreme Court’s landmark decision in Loper Bright Enterprises v. Raimondo.
Loper Bright, which overturned Chevron deference and its influence on federal agencies’ regulatory overreach, was a pivotal moment in defining the boundaries of administrative power. This site will keep you up to date on developments in the courts, Congress, the new Administration, academia, and the media.
And right on time, here’s an executive order from the Trump Administration that relies on Loper Bright:
Three important Supreme Court doctrines are among the reasons the President directed agencies to identify existing rules for deregulation. The EO directs agencies to search for “regulations that are based on unlawful delegations of legislative power;” “regulations that are based on anything other than the best reading of the underlying statutory authority or prohibition;” and “regulations that implicate matters of social, political, or economic significance that are not authorized by clear statutory authority[.]”
These criteria mirror the nondelegation doctrine, Loper Bright’s end of deference to agency interpretations of law, and the Major Questions Doctrine, respectively.
Read the full post.
Visit the blog to check out all of the recent developments.
Let’s dive in,
James Valvo, Chief Policy Counsel
Ryan Mulvey, Policy Counsel
*In their roles at Cause of Action Institute, Valvo and Mulvey litigated Loper Bright v. Raimondo and continue to represent the fishermen on remand.
