Sep 27, 2024, 12:00 AM
Sep 27, 2024, 12:00 AM

Kavanaugh Speaks on Loper Bright Decision at Catholic University

Provocative
Highlights
  • Justice Kavanaugh spoke at Catholic University of America on the implications of the Loper Bright decision.
  • He characterized the ruling as a course correction to ensure the executive branch acts within congressional authorization.
  • Kavanaugh's remarks suggest a broader concern about federal agencies exceeding their authority, reinforcing the need for clear limits.
Story

Justice Brett Kavanaugh delivered remarks at Catholic University's Columbus School of Law, emphasizing the importance of understanding the recent Loper Bright Enterprises decision regarding Chevron deference. He described the ruling as a necessary course correction that aligns with the separation of powers, ensuring that the executive branch operates within the limits set by Congress. Kavanaugh cautioned against overinterpreting the decision, noting that Congress often grants broad authority to executive agencies. He highlighted the historical context, mentioning the challenges faced by presidents in passing significant legislation and the resulting pressure on agencies to expand their regulatory reach. This decision, along with the Court's major questions doctrine, aims to prevent agencies from exceeding their delegated authority, reinforcing the principle of delegation in governance.

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