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Relentless Post-Chevron—Is the Administrative State Still Winning?
Description
In this episode of Unwritten Law, NCLA’s Mark Chenoweth, John Vecchione, and Kara Rollins are joined by Professor Eric Bolinder (Liberty University), former counsel in the landmark Loper Bright case.
They analyze the disappointing outcome in the closely watched Relentless case, where fishermen still face mandatory fees for onboard government observers—even after Chevron deference was overturned.
Professor Bolinder explains why the court’s decision ignored critical textual arguments, conflated statutory interpretation with deferential review, and risked perpetuating the very administrative power the Supreme Court sought to curb. The group also discusses new settlement negotiations in the related Loper Bright litigation and its implications for future administrative law battles.
Key topics: Administrative state, Chevron deference, statutory interpretation, APA review standards, fishing regulations, and Supreme Court oversight of agency power.