After Loper Bright: Responses to the Administrative State in the States

When the Supreme Court overruled Chevron in Loper Bright, it changed the law of administrative review of agency decisions—but only in federal court. Yet deference to state agencies remains a significant and ongoing issue, as most Americans deal with state, not federal, bureaucracies.

Long before Loper Bright, some states began rejecting deference, through statutory changes, ballot initiatives, and judicial decisions. Fourteen states have ended deference by statute or constitutional amendment, and state supreme courts from Wisconsin to Arkansas have followed suit. But some states have gone the other direction, reaffirming deference principles through judicial decisions or statutory changes.

This panel examined how those state-level initiatives laid the groundwork for overturning Chevron—and what steps may be ahead as different jurisdictions take different approaches to judicial review of agency interpretations following Loper Bright.

Featuring:

Oliver J. Dunford, Senior Attorney, Pacific Legal Foundation

Jeremy Girton, Assistant Attorney General, Office of the District of Columbia Solicitor General

Jonathan Riches, Vice President for Litigation & General Counsel, Goldwater Institute

(Moderator) Hon. Jennifer Perkins, Judge, Division One of the Arizona Court of Appeals
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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