Falcon Rappaport & Berkman LLP reposted this
The most consequential ruling of the year from the Supreme Court, overruling the #Chevrondoctrine of deference to administrative agency interpretation of their governing statutes. Here are my very preliminary thoughts! #Separationofpowers is at the heart of the majority opinion, authored by the Chief Justice. The dissent in this 6:3 ruling, written by Justice Kagan, focuses on technical acumen of the bureaucracy rather than overreach into policy making and statutory interpretation, issues more appropriately left to the legislative and judicial branches of government. My esteemed Yale Law classmate and constitutional law scholar,Prof. Bill Eskridge, is quoted in Justice Gorsuch’s concurrence! The ruling will restore a modicum of balance and, while it facially rejects a 40 year old #precedent, it is actually restoring accountability for decisionmaking. As the FTC’s #noncompeteban is before the courts, the #NLRB’s interpretation of the #NLRA and #DOL’s joint employment and #employmentclassifications for #wageandhour purposes are all highly contentious subjects, we are in for quite the ride! Law professors will be rewriting their curricula and the pundit class will be weighing in on this monumental ruling. #Employmentlaw is having a major moment in 2024! Navigating our clients through these turbulent waters is challenging but it’s also our mission at Falcon Rappaport & Berkman LLP. #Chevrondoctrine. #employmentlaw. #SupremeCourt. #administrativelaw #separationofpowers