ANALYSIS: Loper and Major Questions, Dismantling on the Double?

The US Supreme Court’s recent ruling ending Chevron deference and weakening the federal administrative state, along with the rise of the major questions doctrine, is poised to influence two cases the court will hear in the upcoming term. While the pending cases cover two very different hot-button issues (guns and environmental regulations), the court will now have additional opportunities to craft rulings that push back on what the majority believes to be improper agency overreach.

The outcomes in these cases may clarify the new extent of the respective agencies’ statutory authority and in doing so, knock down some of ...