The U.S. Supreme Court seems to be reconsidering the long-established Chevron doctrine following recent arguments, leaving legal professionals engaged in a discussion about what may take its place. Even though the Chevron precedent has been a cornerstone of administrative law, its future is becoming more uncertain.
The spotlight, according to discussions on January 17th in the case Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, seems ready to shift to the Skidmore doctrine, a principle rooted in the laws of the 1940s. The conservative-leaning court signaled that if the Chevron principle falls out of favour, it would prefer the Skidmore doctrine to govern in the future.
However, the implications of this change are unclear and the matter appears far from consensus. The existence and nature of understanding on Skidmore‘s role in the future of administrative law and the extent of its potential prominence stand as topics tog debate.
For more in-depth information and access to research tools and AI-powered legal analytics, professionals are invited to read the complete report by Kimberly Strawbridge Robinson on Bloomberg Law.