Polsinelli’s Post

Decisions by the Supreme Court don't typically stir up debate among International Trade Practitioners. The decisions handed down in Loper Bright and Jarkesky are exceptions. Our #InternationalTrade and #Section337 team looks forward to helping clients navigate the expected legal challenges to trade remedies administered by the trade agencies. #InternationalTradeCommission #SupremeCourt

Decisions by the Supreme Court don't typically stir up debate among International Trade Practitioners. The decisions handed down in Loper Bright and Jarkesky are exceptions. Our #InternationalTrade and #Section337 team looks forward to helping clients navigate the expected legal challenges to trade remedies administered by the trade agencies. #InternationalTradeCommission #SupremeCourt

😯 Wild News Wednesday 😯 (subbing in for Wellness Wednesday) The legal community was rocked this week with 👨⚖️SCOTUS'👩⚖️ overruling of Chevron, a 40-year-old case requiring courts to defer to a federal government agency's interpretation of a statue when the law in question is vaguely written. My friends at Polsinelli wrote a great piece on the decision's affect on 🌍ITC Rulemaking🌎, linked below...please check it out! (10 min read) 🖐 5 Big Takeaways 🖐 ⚖ Chevron Overruled: The Supreme Court's decision in Loper Bright Enterprises v. Raimondo ends 40 years of judicial deference established by Chevron, requiring courts to make independent legal determinations without relying on agency interpretations of ambiguous statutes. ⚖ Limited Impact on ITC: The U.S. International Trade Commission (ITC) is less affected by this ruling compared to other agencies due to its limited substantive rulemaking and focus on procedural rules, which typically involve public notice and comment. ⚖ Focus on Procedural Rulemaking: The ITC's rulemaking is largely procedural and affects only participants in ITC investigations, making its decisions more likely to be upheld as reasonable under the new judicial scrutiny. ⚖ Robust Adjudication Process: The ITC's adjudicatory decisions, based on detailed factual records and expert analysis, are expected to continue receiving judicial respect, despite the shift away from Chevron deference. ⚖ Implications for Other Agencies: While the ITC may see minimal changes, other agencies that engage in more substantive rulemaking and policy-driven decisions will need to adapt significantly to the new requirements for independent judicial review and statutory interpretation. #translations #patents #litigation #legal #compliance #GenAI #welocalize #ITC #Investigations #SCOTUS #Chevron ⚖ I help law firms and corporate teams navigate translation problems and save their clients money and time. 📨 Message me for anything from quick questions to bespoke solutions. 😁 I have a passion for client service, a dedication to providing value, and always bring along a smile!

NOW; As I predicted yesterday, #Chevron has gone down as precedent (and, in turn, the discretion afforded to administrative agencies drastically shrinks). The vote is 6-3 (6-2) Kagan dissents, joined by Sotomayor and Jackson. #SCOTUS has just thrown a pipe bomb into the federal bureaucracy. The case is Loper Bright Enterprises v. Raimondo. As explained by @SCOTUSblog; "The Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an agency as acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous." "The question in this case was whether to overrule the court's 1984 decision in Chevron v. Natural Resources Defense Council, holding that courts should defer to an agency's reasonable interpretation of an ambiguous statute. As I mentioned, the court today does overrule Chevron." Slip (PDF) - https://lnkd.in/e7x3cP5e

In recent years, courts have begun to question the precedent set in 1984 under Chevron v. NRDC on when courts traditionally defer to agency regulations that interpret statutes. In this webinar, we’ll provide an overview of the current case in front of the Supreme Court regarding Chevron, explain why the test for deference is important, and describe how changes could impact ERISA. Request registration here: https://bit.ly/427fNSr #SCOTUS #chevron #agency Speakers: Xavier Baker, Kevin Walsh

The federal courts deference to government agencies expertise and discretion (called Chevron deference) may well be at an end. Wednesday's oral arguments on January 17, 2024, before the United States Supreme Court in Loper Bright Enterprises, Inc. v. Raimondo and Relentless, Inc. v. Department of Commerce appear to signal that Chevron may well be on the chopping block. To learn more, read our latest #LegalAlert authored by Brett Johnson, Ryan Hogan, and Savannah Wix. https://bit.ly/493Ujbp #ChevronDeference #AdministrativeLaw #SpecialLitigationandCompliance

Next Monday, we release an episode that jumps into the heart of a legal storm making headlines right now. With the Supreme Court holding oral arguments today on a case that could redefine the balance of power among federal agencies, this episode couldn't be more timely.   "Power Play: Chevron, Agencies, and the Constitution" will explore the dynamics of the Chevron doctrine, its impact on administrative law, and the potentially seismic shifts in how power is distributed among the branches of government. As news articles flood our feeds with today's arguments, our episode will provide context beyond the headlines. #LegalJudgements #SupremeCourt #AdministrativeLaw #ChevronDoctrine   https://lnkd.in/gG3UjrRA

On June 28, 2024, the United States Supreme Court made a significant decision in Loper Bright Enterprises v. Raimondo. This ruling overturned the longstanding Chevron deference doctrine concerning the review of agency action. Attached are copies of the Court's decision and concurring and dissenting opinions. #SupremeCourt #LegalUpdate #administrativelaw #adminlaw #chevron #FAA #DOT

Really enjoyed editing this article with Muhammad Hani Ahsan, brilliantly written by Caled Al-Adsani for Cornell Policy Review. The Principles of Administrative Law are always evolving, whether in the United States or worldwide. In the US, Administrative Law has been intricately developed by centuries of interaction between the judiciary and the executive, reflecting its evolution over time. Chevron Deference stands out as a landmark case that shaped the dynamic between government agencies and the judiciary. As the Supreme Court prepares to deliver its ruling on Chevron, there's a lot of anticipation regarding its potential impact. Our latest article delves into the implications of Chevron Deference, offering insights into how this ruling may steer crucial decisions that shape governance in the United States. #AdministrativeLaw #ChevronDeference #SupremeCourt