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2 Oct 2023, 6:30 am by Guest Blogger
But a cursory comparison of the equivalent piece of Australian federal legislation  to the legislation at issue in Loper Bright Enterprises v Raimondo suggests it is at least not true in all cases. [read post]
28 Sep 2023, 6:30 am by Guest Blogger
It is theoretically possible that the SCOTUS could draw nourishment from Ottawa to fatten up Chevron step two, in the same way that Justice Kagan rescued Auer deference from the hangman’s noose by giving it a highly contextual and reasoned structure in Kisor v Wilkie (see also the discussion of Chevron’s footnote 11 in the amicus brief of Professors Barnett and Walker). [read post]
31 Jul 2023, 5:36 am by Will Baude
This matters because, as Barnett and Walker recognize, the greater power to preclude review surely includes the lesser power to authorize deferential review. [read post]
30 Jul 2023, 11:24 am by Ryan Goodman
United States, 99 F.2d 864, 866 (8th Cir. 1938); Walker v. [read post]
27 Jul 2023, 2:55 pm by Jacob Wirz
This matters because, as Barnett and Walker recognize, the greater power to preclude review surely includes the lesser power to authorize deferential review. [read post]
20 Jul 2023, 9:38 am by Norman L. Eisen
Mo. 1937) (holding that changing votes after polls had been closed could also be prosecuted under this statute); Walker v. [read post]
9 Jul 2023, 10:59 am by Thomas B. Griffith
FERC, No. 21-1192,  the Court in an opinion authored by Judge Walker and joined by Judges Millett and Childs affirmed FERC’s dismissal of the claims of a  power plant developer that the tariff imposed by the New York Independent System Operator did not provide adequate notice of how costs were to be calculated. [read post]