Abstract
For forty years, the Chevron “two-step” dominated judicial review of statutory interpretation issues in the administrative law context. Then, in Loper Bright Enterprises v. Raimondo, the Supreme Court ended Chevron deference. This Article investigates what comes next. Specifically, we explore how government lawyers have strategized in the wake of Loper Bright. Based on an original dataset of government briefs, we find that the government is advancing at least six substitutes for Chevron deference. Typically, the government combined two or more of these substitutes into an aggregated claim for Chevron-like deference. Our preliminary data suggests that courts have been skeptical of the government’s initial litigation strategy after Loper Bright.
Recommended Citation
Yeatman, Will and Yates, Charles
(2026)
"An Investigation of the Government’s Legal Strategy After Loper Bright,"
Liberty University Law Review: Vol. 20:
Iss.
3, Article 7.
Available at:
https://digitalcommons.liberty.edu/lu_law_review/vol20/iss3/7
