In a recent article for Hedge Fund Alert, litigation & enforcement partner Amy Jane Longo discussed the impact of the Jarkesy and Loper Bright rulings on financial industry lawyers.
One day after the Jarkesy ruling the Supreme Court overturned the Chevron deference.
“While some have questioned whether the formal demise of Chevron will be that big a deal – as the Supreme Court has often seemed to ignore the Chevron framework in recent years – the express overruling of Chevron will likely have a very significant effect, even though it will not entirely displace judicial consideration of agency views,” said Amy.
Amy added that even as the Supreme Court has “routinely ignored” Chevron, the lower courts have continued to rely upon the Chevron framework. With the high court’s ruling, those lower courts will have to “grapple with the canons of construction to determine what the best interpretation of the statute is,” said Amy.
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