A&W of Counsel Norman A. Dupont Published in ABA Trends

Article on the Supreme Court’s decision in Loper Bright: Norman A. Dupont published: “What’s in a Name: A [Judicial Deference] Rose by Any Other Name Would Smell as Sweet."

The article from the American Bar Association Trends highlights:

• The statute’s meaning may well be that the agency is authorized to exercise a decree of discretion.
• Absent Constitutional constraints or extremely compelling circumstances, administrative agencies should be free to fashion their own rules of procedure.
• The rulings, interpretations, and opinions of an agency, while not controlling upon the courts, do constitute a body of experience and informed judgment to which courts and litigants may properly resort for guidance.

Click here to read the entire article