In particular, certain dispositive issues tend to favor agencies defending their rules while others tend to favor parties challenging rules. This suggests (1) future litigation strategies and (2) likely patterns of judicial activism using Loper Bright analysis.
Third, agency “win” rates have been lower under Loper Bright compared to Chevron — 57% of the cases we evaluated, compared to the historical win rate under Chevron of about 70%.
Fourth, under Loper Bright, whether or not the court applies the so-called Skidmore respect factors as part of its de novo review does not seem to have an appreciable impact on the outcome of cases.
Do you hear that? I think I hear Fox News prepping a lot of "news stories" about trans kids in high school sports.
Abundance!
For more, see this intro blog post progressivereform.org/cpr-blog/the...
James Goodwin
James Goodwin
James Goodwin
James Goodwin
James Goodwin
James Goodwin
OMB Director Russell Vought has weaponized federal funding for disaster aid & climate resilience programs to punish states that didn’t back Trump in 2024. Those who stand to suffer the most from Vought’s vindictiveness—average Americans—are being treated as disposable pawns.
First, as expected, courts have been all over the place in how they conduct Loper Bright analysis. No uniform framework has emerged. But we were able to stitch one together.
Second, using this framework gives us an idea of how cases are being resolved. See the graphic below.
James Goodwin
Check out my latest with @federicoholm.bsky.social for @progressivereform.bsky.social: We dove DEEP into the first 91 cases to be decided using Loper Bright analysis. Though it's early days, some interesting patterns are starting to emerge. progressivereform.org/publications...
