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Chris Geidner
@chrisgeidner.bsky.social
💻 www.lawdork.com for SCOTUS, LGBTQ, criminal justice, and other legal news. / DMs open. / Email: lawdorknews@gmail.com / Sober. Queer. Bipolar. Buckeye. / He/him.
32.2k followers883 following6.5k posts
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Do not sleep on the Loper Bright/Chevron kicker, c/o Justice Ketanji Brown Jackson, today: www.lawdork.com/p/atf-ghost-...

As she does often, Justice Ketanji Brown Jackson was looking at the case more broadly, saying outright that she was “concerned” about the Justice Department’s framing of the case as being about whether the kits are firearms under the statute.

Instead centering her questions around whether the Supreme Court is “taking over what Congress may have intended for the agency to do in this situation,” Jackson appeared to see that the rule is safe. She was, rather, looking at last term’s decision in Loper Bright Enterprises v. Raimondo ending Chevron agency deference — and looking ahead to the future.

“[A]re we to conclude that an agency exceeds its statutory authority whenever it fails to choose what we think is the best meaning of a statutory term?” she asked.

It was a question posed to Prelogar, but it was just as clearly a question to her colleagues about how law will work in a post-Chevron era.
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Aamoapostrophe.bsky.social

📌

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ABguiltypanacea.bsky.social

Great summary

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Chris Geidner
@chrisgeidner.bsky.social
💻 www.lawdork.com for SCOTUS, LGBTQ, criminal justice, and other legal news. / DMs open. / Email: lawdorknews@gmail.com / Sober. Queer. Bipolar. Buckeye. / He/him.
32.2k followers883 following6.5k posts