Chevron in Ignominy: Loper and the Court’s Quest to Reassert Judicial Power

Chevron is dead. In Loper Bright Enterprises v. Raimondo, the Roberts Court offers a victory for constitutional purists and a warning to the administrative state: no longer will the judiciary abdicate its Article III powers, and no more can statutory ambiguities offer regulators carte blanche. But amidst this tectonic shift in administrative law, the balance between efficient governance and judicial oversight hangs in precarious uncertainty, shaken by the Court’s coup de grâce.

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Murthy v. Missouri: Balancing Practical Governance and First Amendment Freedoms in the Digital Age

In Murthy v. Missouri, incautious Supreme Court decisions could either weaken the sanctity of free speech rights or unduly limit government power to defend the public interest online. As states and individuals dispute the nature of alleged censorship-by-proxy from the federal government, the Court must preserve the fragile vitality of the First Amendment while acknowledging the obvious necessities of governance in the digital age.

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