BEFORE:
Administrative law under Chevron was a travesty of justice
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Chevron required courts to systematically favor (i.e., pre-commit to preferring) executive branch agencies’ interpretations of ambiguous statutes.
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Even when a court thought the non-agency litigant’s position more accurately captured the law’s meaning, it nevertheless deferred to the agency’s understanding of the law so long as it was merely ‘reasonable.’
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The Chevron doctrine ignored the Administrative Procedure Act’s requirement that courts not defer to administrative agencies.
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More importantly, every time a court deferred to an agency’s interpretation of the law, it abandoned its core constitutional duty to independently and authoritatively determine the most accurate meaning of the law as written by Congress.
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Chevron created a systemic bias in favor of government agencies, which deprived American citizens of the unbiased adjudicators promised them by the Constitution.
AFTER:
Administrative law under Loper Bright/Relentless is more constitutionally compliant
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The balance of justice is once more true and even when determining the meaning of an ambiguous statute.
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Courts independently determine the most accurate meaning of the law because judges—not agency employees—are the experts in legal interpretation.
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The Administrative Procedure Act’s original and unchanged requirement that courts ensure that administrative agencies’ conclusions are in accordance with the law is once again respected.
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More importantly, the duty to independently and authoritatively determine the most accurate meaning of the law, as enacted by Congress, has returned to where the Constitution put it—the judiciary.
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Agencies may still offer their views on the meaning of ambiguous statutes, but that view is no longer binding on the courts.
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In lawsuits involving administrative agencies, American citizens can be confident that courts, not the opposing party, will answer questions of law.
Court Opinions/Orders
| Date | Court | Case Name | Document |
|---|---|---|---|
| 1/10/2025 | U.S. Court of Appeals for the Sixth Circuit | Michael Lissack, Appellant v. Commissioner of Internal Revenue | Opinion |
| 5/29/2025 | United States Supreme Court | Seven County Infrastructure Coalition et al. v. Eagle County, Colorado, et al. | Opinion |
| 3/29/2025 | United States District Court, W.D. Texas, Midland-Odessa Division | Kansas Natural Resource Coalition v United States Fish and Wildlife Service | Opinion |
| 7/10/2025 | United States District Court for the Eastern District of Pennsylvania | United States of America v. Carlos Sacanell | Opinion |
| 7/15/2025 | United States District Court for the District of Rhode Island | Relentless Inc., et al. v. U.S. Department of Commerce, et al. | Opinion |
| 7/23/2025 | United States Court of Appeals for the Eighth Circuit | Zimmer Radio v. FCC | Opinion |
| 8/6/2025 | United States District Court, D. North Dakota | Corner Post, Inc. v. Board of Governors of the Federal Reserve System | Opinion |
| 8/7/2025 | Supreme Court of California | Center for Biological Diversity, Inc., et al. v. Public Utilities Commission | Opinion |
| 8/13/2025 | United States Court of Appeals for the Sixth Circuit | Ohio Telecom v. FCC | Opinion |
| 1/2/2025 | U.S. Court of Appeals for the Sixth Circuit | In re: MCP No. 185 | Opinion |
| 12/23/2024 | U.S. Court of Appeals for the Sixth Circuit | Miguel Angel Moctezuma-Reyes v. Merrick B. Garland | Opinion |
| 12/10/2024 | U.S. Supreme Court | Amina Bouarfa v. Alejandro Mayorkas | Opinion |
| 11/8/2024 | U.S. Court of Appeals for the Ninth Circuit | Grand Canyon University v. Miguel A. Cardona | Opinion |
| 9/3/2024 | U.S. Court of Appeals for the District of Columbia Circuit | Lake Region Healthcare Corporation v. Xavier Becerra | Opinion |
| 8/26/2024 | U.S. Court of Appeals for the Sixth Circuit | State of Tennessee v. Xavier Becerra, et al. | Opinion |
| 8/26/2024 | U.S. District Court for the Southern District of Georgia, Brunswick Division | State of Kansas, et al. v. U.S. Department of Labor | Opinion |
| 8/23/2024 | U.S. Court of Appeals for the Fifth Circuit | Restaurant Law Center v. United States Department of Labor | Opinion |
| 8/13/2024 | U.S. Court of Appeals for the District of Columbia Circuit | Huntsman Petrochemical LLC v. Environmental Protection Agency | Opinion |
| 8/1/2024 | U.S. Court of Appeals for the Sixth Circuit | In re: MCP No. 185 | Opinion |
| Date | Court | Case Name | Document |
Briefs
| Date | Court | Case Name | Filing Party |
|---|---|---|---|
| 11/26/2024 | U.S. District Courtfor the District of Rhode Island | Relentless Inc., et al. v. U.S. Department of Commerce, et al. | Defendants’ Supplemental Response Brief |
| 5/28/2025 | United States Court of Appeals for the Fifth Circuit | United Natural Foods, Inc. v. NLRB | Petition for Review of an Order of the National Labor Relations Board |
| 7/1/2025 | District of Columbia Court of Appeals | LHL Realty Company DC, LLC v. District of Columbia | Brief of the New Civil Liberties Alliance and the Goldwater Institute as Amici Curiae |
| 7/1/2025 | District of Columbia Court of Appeals | LHL Realty Company DC, LLC v. District of Columbia | Brief of Amicus Curiae of the Chamber of Commerce of the United States of America |
| 1/10/2025 | District Court for the District of North Dakota, Western Division | Corner Post, Inc. v. Board of Governors of the Federal Reserve System | Defendant Board of Governors of the Federal Reserve System’s Memorandum |
| 11/12/2024 | U.S. District Courtfor the District of Rhode Island | Relentless Inc., et al. v. U.S. Department of Commerce, et al. | Plaintiffs’ Supplemental Reply Brief in Support of Motion for Summary Judgment and Response to Defendants’ Supplemental Brief |
| 11/7/2024 | U.S. Court of Appeals for the District of Columbia Circuit | Secretary of Labor v. KC Transport, Inc., et al. | Supplemental Reply Brief for the Secretary of Labor |
| 10/25/2024 | U.S. District Courtfor the District of Rhode Island | Relentless Inc., et al. v. U.S. Department of Commerce, et al. | Defendants’ Supplemental Brief |
| 10/23/2024 | U.S. Court of Appeals for the District of Columbia Circuit | Secretary of Labor v. KC Transport, Inc., et al. | Supplemental BriefFor Respondent Kc Transport, Inc. |
| 10/9/2024 | U.S. Court of Appeals for the Sixth Circuit | State of Tennessee v. Xavier Becerra, et al. | Petition for Rehearing en Banc |
| 9/26/2024 | U.S. District Court for the District of Rhode Island | Relentless Inc., et al. v. U.S. Department of Commerce, et al. | Plaintiffs’ Supplemental Brief in Support of Motion for Summary Judgment |
| 9/23/2024 | U.S. Court of Appeals for the District of Columbia Circuit | Secretary of Labor v. KC Transport, Inc., et al. | Supplemental Brief for the Secretary of Labor |
| 9/4/2024 | U.S. Court of Appeals for the District of Columbia Circuit | Loper Bright Enterprises, Inc., et al. v. Gina Raimondo, et al. | Brief Amici Curiae of Relentless Inc., Huntress Inc. And Seafreeze Fleet LLC in Support of Plaintiffs-Appellants |
| 8/22/2024 | U.S. District Court for the Western District OfTexas | Davidson, et al. v. Gensler, et al. | Brief of Advancing American Freedom, Inc., Amici Curiae in Support of Plaintiffs |
| 8/22/2024 | U.S. Court of AppealsFor the Fourth Circuit | Frank Harmon Black, et al. v. U.S. Securities and Exchange Commission | Petitioners’ Reply Brief |
| 8/19/2024 | U.S. Court of Appealsfor the District of Columbia Circuit | States of Texas, et al. v. U.S. Environmental Protection Agency, et al. | Supplemental Brief for Private Petitioners |
| 8/19/2023 | U.S. Court of Appealsfor the District of Columbia Circuit | States of Texas, et al. v. U.S. Environmental Protection Agency, et al. | EPA’s Supplemental Brief |
| 7/31/2023 | U.S. Court of Appealsfor the District of Columbia Circuit | Huntsman Petrochemical LLC v. Environmental Protection Agency | Brief of the Chamber of Commerce of the UnitedStates of America and the National Association OfManufacturers as Amici Curiae in Support OfPetitioners and Vacatur |
| Date | Court | Case Name | Filing Party |
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