Sep 17, 2024
Where courts will go after Loper Bright is hard to say. But I offer this modest prediction: Courts will grapple with the statutory text to understand what it means and whether Congress has truly delegated discretion to an agency. That will lead to exasperation with the intentional seeds of ambiguity that Congress has planted in the United States Code. That will, in turn, lead to a revival — or threatened revival — of the nondelegation doctrine.
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