Two Neglected Effects of Loper Bright

July 1, 2024


The Loper Bright opinion has two other important effects that have not yet received the attention that they deserve. First, it reduces the problems created by the massive increase in flip-flopping that our extremely polarized political environment has produced. Second, it eliminates any justification for continued application of the powerful new version of the major questions doctrine that the Court created in 2021 and has now applied in four cases.