SCOTUS and the Future of the Administrative State: After Jarkesy and Loper Bright

Doug Hallward-Driemeier and Jeremiah Williams discuss recent Supreme Court decisions impacting administrative law, focusing on Jarkesy and Loper Bright. The Jarkesy decision limits the SEC's authority to impose civil penalties in internal proceedings, potentially affecting other agencies. The Loper Bright decision overturns the Chevron doctrine, granting courts greater power in interpreting statutes and agency actions. They also explore the interplay between Loper Bright, the major questions doctrine, and the Corner Post decision, which affects the statute of limitations for challenging agency regulations. While agencies experienced setbacks, the Supreme Court upheld the CFPB's funding structure in the Appropriations Clause case. The speakers highlight the potential for increased challenges to agency regulations and encourage listeners to seek advice on reevaluating previously unchallenged rules.