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Saturday, December 21, 2024

Legislative Page Counts

 

In Loper Bright, the Supreme Court overturned Chevron deference. K&L Gates explains that Congress needs to make bills more detailed, not less:

The Supreme Court’s new mandate for more specific authorizations of authority will place an imposing new requirement on Congress to draft its bills more precisely. Write the authorization too broadly and it may not pass judicial muster. Write it too narrowly, and Congress risks missing areas of interest where it would have wanted the agency to act. This dilemma may be particularly difficult in emerging areas like regulation of cryptocurrency and artificial intelligence, where contours of the issues are yet to be fully understood.