Loper Bright v. Raimondo: An Exemplar of an Increasingly Pervasive Contemporary Supreme Court

Abstract

Following Loper Bright v. Raimondo, the longstanding precedent of Chevron deference—which allowed courts to defer to an agency’s reasonable interpretation of ambiguous statutes—was dissolved. The judicial branch has consolidated authority over the policymaking process by assuming power to interpret ambiguous statutes, which negatively alters the role of the bureaucracy and the executive branch. This paper argues that the course of the current Supreme Court pushes the limits of its Constitutional authority while undermining the checks and balances of the Executive Branch. The continuation of this breach leads to a more controlling Supreme Court, one that challenges the institutional structure outlined by the Founding Fathers.