45 amicus briefs have been filed with the U.S. Supreme Court in support of the petitioners in Loper Bright Enterprises, et al. v. Raimondo. The petitioners are urging the Court to overrule its 1984 decision in Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc. That decision produced what became known as the “Chevron framework”–the two-step analysis that courts typically invoke when reviewing a federal agency’s interpretation of a statute. In addition, three amicus briefs were filed in support of neither party. All of the amicus briefs can be found here.
It is noteworthy that one of the amicus briefs in support of the petitioners was filed by the Governor of the State of Georgia, Brian Kemp. In his brief, Governor Kemp argues that the Court should overrule or limit Chevron because of Chevron’s implications for the balance of power between the States and the federal government. According to the Governor, “Chevron’s presumption that Congress may implicitly delegate legislative power to federal agencies—including the power to preempt state policies—undermines the Court’s longstanding requirement that when Congress intrudes into the traditional domain of the States, it must do so explicitly.”
The other amicus briefs in support of the petitioners were filed by:
- Atlantic Legal Foundation
- DRI Center for Law and Public Policy
- Pacific Legal Foundation
- Lonang Institute
- Goldwater Institute
- Patent and Trademark Attorneys, Agents, and Applicants for Restoration and Maintenance of Integrity in Government
- America First Legal Foundation
- American Center for Law and Justice
- Manhattan Institute and Professors Richard Epstein, Todd Zywicki, Gus Hurwitz, and Geoffrey Manne
- TechFreedom
- New England Legal Foundation
- Foundation for Government Accountability
- Liberty Justice Center
- Center for Constitutional Jurisprudence
- Landmark Legal Foundation
- Cato Institute and Committee for Justice
- Mountain States Legal Foundation
- Coalition For A Democratic Workplace, Associated Builders and Contractors, International Foodservice Distributors Association, National Retail Federation, Independent Electrical Contractors, International Franchise Association
- David Goethel and John Haran David Goethel (Amici are “participants in New England’s commercial fishing industry.”)
- Buckeye Institute and National Federation of Independent Business Small Business Legal Center, Inc.
- Christian Employers Alliance
- Third Party Payment Processors Association
- U.S. House of Representatives
- Chamber of Commerce of the United States of America
- U.S. Senator Ted Cruz, Congressman Mike Johnson, and 34 Other Members of Congress
- Advancing American Freedom
- Electronic Nicotine Delivery System Industry Stakeholders
- National Right to Work Legal Defense Foundation, Inc.
- American Farm Bureau Federation, American Coatings Association, American Forest & Paper Association, Agricultural Retailers Association, National Association of Home Builders, National Cattlemen’s Beef Association, National Pork Producer’s Council, and the North American Meat Institute
- National Taxpayers Union Foundation
- Ohio Chamber of Commerce
- National Sports Shooting Foundation, Inc.
- New Civil Liberties Alliance
- Washington Legal Foundation and Independent Women’s Law Center
- State of West Virginia and 26 Other States
- Strive Asset Management
- American Cornerstone Institute
- FPC Action Foundation and Firearms Policy Coalition
- American Free Enterprise Chamber of Commerce
- America First Policy Institute
- Southeastern Legal Foundation
- Gun Owners of America, Inc., Gun Owners Foundation, Gun Owners of California, Heller Foundation, Tennessee Firearms Association, Virginia Citizens Defense League, Grass Roots North Carolina, Rights Watch International, America’s Future, DownsizeDC.org, Downsize DC Foundation, Public Advocate of the United States, U.S. Constitutional Rights Legal Defense Fund, and Conservative Legal Defense and Education Fund
- The Little Sisters of the Poor Saints Peter and Paul Home
- Advance Colorado Institute
The amicus briefs in support of neither party were filed by the following:
- Professor Thomas W. Merrill
- (Professor) Aditya Bamzai
- Professors Kent Barnett and Christopher J. Walker
Professor Kent Barnett will soon be our special guest for an episode of our Consumer Finance Monitor Podcast. We recently discussed Raimondo in an episode of our podcast for which our special guest was Craig Green, a Professor at Temple University School Of Law. The episode is titled “A look at the current challenges to judicial deference to federal agencies” and is available here.
At the ABA Section of Business Law Annual Meeting in Chicago scheduled for September 7 to 9, 2023, I will be moderating a program titled, “U.S. Supreme Court to Revisit Chevron Deference: What the SCOTUS Decision Could Mean for CFPB/FTC/Federal Banking Agency Regulations.”
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