Why Did Conservatives Change Their Tune on Chevron?
If you've followed the Roberts Court for a while, you probably weren't too surprised to hear that the Loper Bright v. Raimondo decision overruled Chevron v. NRDC . (If administrative law isn't your thing, my earlier blog post includes a brief Chevron primer.) Courts, Loper Bright tells us, should not defer to agencies' interpretations of the statutes they administer, not even if the statutes are ambiguous. Statutory interpretation is the province of courts, and the judiciary should not relinquish that role to agencies. As I discuss in my previous post, Loper Bright is of a piece with other Roberts Court administrative-law decisions, so from one perspective it seems like the predictable product of a conservative Court. The New York Times ' commentary on Loper Bright noted that curbing the administrative state has been a long-time goal of the conservative legal movement. Given that conservatives dominate today's Court, we shouldn't be surprised tha