ICLE Statement on the US Supreme Court’s Loper Bright Enterprises Decision
PORTLAND, Ore. (June 28, 2024) – The International Center for Law & Economics (ICLE) offers the following statement on today’s opinion from the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo, overturning its earlier Chevron decision.
The following quote can be attributed to ICLE President Geoffrey A. Manne:
With today’s release of the Supreme Court’s Loper Bright opinion, the task of reviewing agency authority under congressional statutes is returned to the courts, where it belongs. Under the Chevron doctrine, courts often allowed agencies essentially to determine the extent of their own authority by asserting statutory ambiguity, even in ways that proved inconsistent over time. This decision will promote stability in the law, granting both industry and the general public much greater certainty in the meaning of statutes. It will also put the onus on the people’s representatives in Congress, rather than unelected bureaucrats, to fix statutes in light of new social problems. This is a win for the rule of law over executive prerogative.
For more on the topic, see the amicus brief filed in the case, joined by Geoffrey Manne, ICLE Director of Law & Economics Programs Gus Hurwitz, ICLE Nonresident Scholar Todd J. Zywicki, and ICLE Academic Advisor Richard Epstein. See, also, Gus’ recent Truth on the Market piece “An Equilibrium-Adjustment Theory of Current Trends in Administrative Law.”
To schedule an interview with Geoff about the topic, contact ICLE Media and Communications Manager Elizabeth Lincicome at 919-744-8087 or [email protected].