Attorney-at-Law

LOPER-BRIGHT – AN INTERLUDE

In Uncategorized on 11/12/2024 at 15:55

I will here engage in some editorializing and speculation, as opposed to my customary reportage, so you may skip this post, if you will.

No, this will not be political. I said I’m not going there, and I’m sticking to it.

Haven’t the multiple calamities that Loper-Bright was supposed to engender been exaggerated?

The abrogation of Chevron does not mean we can discard our copies of the CFR. Skidmore remains, and nothing in Loper-Bright requires any Federal judge to ignore or invalidate any Federal regulation we cite.

I just finished watching an hour-long webinar from my alma mater on the effect of Loper-Bright on laws affecting military veterans. The power of inertia is great; whoever may be Secretary of Veterans Affairs, their several Vicars of Bray remain at their posts. USDC judges, confronting the multiplicity of law and regulations affecting everything from cold-smoked whitefish to syndicated conservation easements, and being human (although some of us may doubt it), will take the course of least resistance. That means pay due obeisance to Loper-Bright and hold for the agency.

We seldom see cataclysmic change for what it is, and often exaggerate what isn’t. Me, too.

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