Will Loper Bright become Texas law?
I hope so because it's more fun to say than Chevron.
One very important thing about Friday’s monumental SCOTUS decision in Loper Bright Enterprises v. Raimondo remains unclear: do I cite it as Loper, Loper Bright, or Loper Bright Enterprises? Until I am told otherwise, I’m striking a balance and going with Loper Bright.
As I said on Friday, the case was about the federal doctrine of Chevron deference. So you might wonder why Fully Regulated, your favorite Texas law and politics newsletter, cares about such a silly federal law. Well, before I’m a lawyer, I’m a dad trying to feed four little hungry mouths and I gotta strike the clickbait while it’s hot.
I do think it will have some minor impacts on Texas law: both on the actual laws of Texas and on the political dynamics of making the laws.
I am not one to make large sweeping predictions, so don’t hold me to any of this. It’s just my two cents.
The national politics on Chevron & Loper Bright will trickle down to Texas, but only slightly.
Major court decisions have both legal and political components. My policy is to always start with the political analysis first.
Reactions to the Loper Bright ruling fell pretty much on partisan lines. On the whole, Conservatives hailed it as a massive curtailment to the administrative state while Democrats lamented the loss of expert oversight of industry.
The truth is, I have seen such disparity in what the implications of the decision actually are, I’m not sure myself how it will play out. And as Sarah Igsur rightly pointed out, SCOTUS had not even cited Chevron in more than a decade.
