Banging the Gavel: Supreme Court Decisions That Shook the Nation this Summer: Agency Action Under Attack?

Streaming Media

Document Type

Video

Date

9-3-2024

Abstract

Under the Chevron Doctrine, the Supreme Court has long deferred to agencies’ reasonable interpretation of the law. The Court’s decision in this summer’s Loper Bright Enterprises v. Raimondo has overturned Chevron. In combination with cases such as Ohio v EPA, SEC v Jarkesy, and Corner Post vs Federal Reserve System, this creates new obstacles to agency action. Even seemingly favorable decisions released this summer, such as Food and Drug Administration v. Alliance for Hippocratic Medicine and Murthi v. Missouri, have implications for who has standing to challenge agency actions. This session will examine these cases, and discuss the potential impact, including how agencies like FDA, CMS, CFPB, and EPA will implement these decisions, how the entities they regulate will respond, how Congress may legislate, and how the courts may resolve disputes going forward.

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