News Release: Supreme Court Expands Power of Right-Wing Judges to Hamper Regulation
Today’s Supreme Court ruling in Loper Bright Enterprises v. Raimondo will give judges who are already concocting ridiculous reasons to strike down sensible protections, particularly in the notoriously pro-industry Fifth Circuit, greater leeway to strike down common-sense measures that protect people and communities. With Loper Bright in hand, judges are required to “exercise their independent judgment” when deciding whether an agency has acted within its statutory authority, even if judges lack the necessary expertise, and even if that judge might prefer deference to agency decisions.