Loper Bright Enterprises v. Raimondo

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
22-451	D.C. Cir.	Jan 17, 2024	Jun 28, 2024	6-2	Roberts	OT 2023

Holding: The Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous; Chevron v. Natural Resources Defense Council is overruled.

Judgment: Vacated and remanded, 6-2, in an opinion by Chief Justice Roberts on June 28, 2024. Justices Thomas and Gorsuch filed concurring opinions. Justice Kagan filed a dissenting opinion, in which Justice Sotomayor joined. Justice Jackson took no part in the consideration or decision of the case.

SCOTUSblog Coverage

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Date	Proceedings and Orders (key to color coding)
11/10/2022	Petition for a writ of certiorari filed. (Response due December 15, 2022)
11/17/2022	Blanket Consent filed by Petitioner, Loper Bright Enterprises, et al.
12/06/2022	Brief amicus curiae of New England Legal Foundation filed.
12/09/2022	Brief amici curiae of Cato Institute, et al. filed.
12/12/2022	Brief amici curiae of Competitive Enterprise Institute, et al. filed.
12/13/2022	Motion for leave to file amicus brief filed by Pacific Legal Foundation.
12/13/2022	Motion to extend the time to file a response from December 15, 2022 to January 17, 2023, submitted to The Clerk.
12/14/2022	Motion for leave to file amicus brief filed by Center for Constitutional Jurisprudence.
12/15/2022	Motion to extend the time to file a response is granted and the time is extended to and including January 17, 2023.
12/15/2022	Brief amicus curiae of Independent Women's Law Center filed.
12/15/2022	Brief amici curiae of West Virginia, et al. filed.
12/15/2022	Brief amicus curiae of Southeastern Legal Foundation filed.
12/15/2022	Motion for leave to file amicus brief filed by Christian Employers Alliance.
12/15/2022	Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
12/15/2022	Motion for leave to file amici brief filed by Relentless, Inc., et al.
12/15/2022	Motion for leave to file amici brief filed by David Goethel, et al.
12/15/2022	Motion of Advancing American Freedom for leave to file amicus brief not accepted for filing.(Duplicate submission) (December 20, 2022)
12/15/2022	Motion for leave to file amici brief filed by Advancing American Freedom, et al.(12/19/2022)
12/15/2022	Brief amici curiae of Buckeye Institute, et al. filed.
01/12/2023	Motion to extend the time to file a response from January 17, 2023 to February 16, 2023, submitted to The Clerk.
01/13/2023	Motion to extend the time to file a response is granted and the time is further extended to and including February 16, 2023.
02/16/2023	Brief of respondents Gina Raimondo, Secretary of Commerce, et al. in opposition filed.
03/08/2023	DISTRIBUTED for Conference of 3/24/2023.
03/08/2023	Reply of petitioners Loper Bright Enterprises, et al. filed. (Distributed)
03/27/2023	DISTRIBUTED for Conference of 3/31/2023.
04/10/2023	DISTRIBUTED for Conference of 4/14/2023.
04/17/2023	DISTRIBUTED for Conference of 4/21/2023.
04/24/2023	DISTRIBUTED for Conference of 4/28/2023.
05/01/2023	Motion for leave to file amicus brief filed by Pacific Legal Foundation GRANTED. Justice Jackson took no part in the consideration or decision of this motion.
05/01/2023	Motion for leave to file amicus brief filed by Center for Constitutional Jurisprudence GRANTED. Justice Jackson took no part in the consideration or decision of this motion.
05/01/2023	Motion for leave to file amicus brief filed by Christian Employers Alliance GRANTED. Justice Jackson took no part in the consideration or decision of this motion.
05/01/2023	Motion for leave to file amici brief filed by Relentless, Inc., et al. GRANTED. Justice Jackson took no part in the consideration or decision of this motion.
05/01/2023	Motion for leave to file amici brief filed by David Goethel, et al. GRANTED. Justice Jackson took no part in the consideration or decision of this motion.
05/01/2023	Motion for leave to file amicus brief filed by Advancing American Freedom GRANTED. Justice Jackson took no part in the consideration or decision of this motion.
05/01/2023	Petition GRANTED limited to Question 2 presented by the petition. Justice Jackson took no part in the consideration or decision of this petition.
06/02/2023	Motion for an extension of time to file the briefs on the merits filed.
06/05/2023	Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 10, 2023. The time to file respondents' brief on the merits is extended to and including August 30, 2023.
06/09/2023	Motion to dispense with printing the joint appendix filed by petitioners Loper Bright Enterprises, et al.
06/20/2023	Motion to dispense with printing the joint appendix filed by petitioners GRANTED. Justice Jackson took no part in the consideration or decision of this motion.
07/07/2023	Motion for a further extension of time to file the briefs on the merits filed.
07/07/2023	Motion to further extend the time to file the briefs on the merits granted. The time to file petitioners' brief on the merits is further extended to and including July 17, 2022. The time to file respondents' brief on the merits is further extended to and including September 15, 2023.
07/13/2023	Brief amicus curiae of Atlantic Legal Foundation filed.
07/13/2023	Brief amicus curiae of DRI Center for Law and Public Policy filed.
07/17/2023	Brief amicus curiae of Pacific Legal Foundation filed.
07/17/2023	Brief of petitioners Loper Bright Enterprises, et al. filed.
07/18/2023	Brief amicus curiae of Lonang Institute filed.
07/18/2023	Brief amicus curiae of Goldwater Institute filed.
07/19/2023	Brief amici curiae of PTAAAARMIGAN LLC, et al. in support of neither party filed.
07/19/2023	Brief amicus curiae of America First Legal Foundation filed.
07/20/2023	Brief amici curiae of Manhattan Institute, et al. filed.
07/20/2023	Brief amicus curiae of American Center for Law and Justice filed.
07/20/2023	Brief amicus curiae of TechFreedom filed.
07/20/2023	Brief amicus curiae of New England Legal Foundation filed.
07/21/2023	Brief amicus curiae of The Foundation for Government Accountability filed.
07/21/2023	Brief amicus curiae of Liberty Justice Center filed.
07/21/2023	Brief amicus curiae of Center for Constitutional Jurisprudence filed.
07/21/2023	Brief amicus curiae of Landmark Legal Foundation filed.
07/21/2023	Brief amici curiae of Cato Institute, et al. filed.
07/21/2023	Brief amicus curiae of Mountain States Legal Foundation filed.
07/21/2023	Brief amicus curiae of Professor Thomas W. Merrill in support of neither party filed.
07/24/2023	Amicus brief of Competitive Enterprise Institute and Manhattan Institute not accepted for filing. (July 24, 2023--electronically submitted on behalf of incorrect entity.)
07/24/2023	Brief amicus curiae of Competitive Enterprise Institute filed.
07/24/2023	Brief amicus curiae of Christian Employers Alliance filed.
07/24/2023	Brief amici curiae of David Goethel and John Haran filed.
07/24/2023	Brief amicus curiae of America First Policy Institute filed.
07/24/2023	Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
07/24/2023	Brief amicus curiae of National Taxpayers Union Foundation filed.
07/24/2023	Brief amicus curiae of U.S. House of Representatives filed.
07/24/2023	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
07/24/2023	Brief amici curiae of Coalition for a Democratic Workplace, et al. filed supporting neither party.
07/24/2023	Brief amici curiae of U.S. Senator Ted Cruz, Congressman Mike Johnson, and 34 Other Members of Congress filed.
07/24/2023	Brief amicus curiae of The Little Sisters of the Poor Saints Peter and Paul Home filed.
07/24/2023	Brief amici curiae of State of West Virginia and 26 Other States filed.
07/24/2023	Brief amicus curiae of Professor Aditya Bamzai filed.
07/24/2023	Brief amici curiae of Electronic Nicotine Delivery System Industry Stakeholders filed.
07/24/2023	Brief amici curiae of FPC Action Foundation and Firearms Policy Coalition filed.
07/24/2023	Brief amici curiae of Professors Kent Barnett and Christopher J. Walker in support on neither party filed.
07/24/2023	Brief amicus curiae of Third Party Payment Processors Association filed.
07/24/2023	Brief amicus curiae of Strive Asset Management filed.
07/24/2023	Brief amicus curiae of Advance Colorado Institute filed.
07/24/2023	Brief amicus curiae of New Civil Liberties Alliance filed.
07/24/2023	Brief amicus curiae of Governor Brian P. Kemp filed.
07/24/2023	Brief amici curiae of Eight National Business Organizations filed.
07/24/2023	Brief amicus curiae of American Cornerstone Institute filed.
07/24/2023	Brief amici curiae of Southeastern Legal Foundation, et al. filed.
07/24/2023	Brief amicus curiae of Ohio Chamber of Commerce filed.
07/24/2023	Brief amicus curiae of American Free Enterprise Chamber of Commerce filed.
07/24/2023	Brief amicus curiae of National Sports Shooting Foundation, Inc. filed.
07/24/2023	Brief amici curiae of Advancing American Freedom, et al. filed.
07/24/2023	Brief amici curiae of Buckeye Institute and National Federation of Independent Business Small Business Legal Center, Inc. filed.
07/24/2023	Brief amici curiae of Independent Women's Law Center and Washington Legal Foundation filed.
07/24/2023	Brief amici curiae of Gun Owners of America, Inc., et al. filed.
07/24/2023	Amicus brief of Relentless, Inc., Huntress Inc., SeaFreeze Fleet LLC not accepted for filing. (September 20, 2023)
09/15/2023	Brief of respondents Raimondo, Gina, et al. filed.
09/21/2023	Brief amici curiae of U.S. Senators Sheldon Whitehouse, et al. filed.
09/22/2023	Brief amicus curiae of Environmental Defense Fund filed.
09/22/2023	Brief amicus curiae of Public Citizen filed.
09/22/2023	Brief amici curiae of American Association for the Advancement of Science, et al. filed.
09/22/2023	Brief amici curiae of Scholars of Administrative Law and the Administrative Procedure Act filed.
09/22/2023	Brief amicus curiae of Natural Resources Defense Council filed.
09/22/2023	Brief amici curiae of Administrative and Federal Regulatory Law Professors filed.
09/22/2023	Brief amici curiae of Lawyers’ Committee for Civil Rights Under Law filed.
09/22/2023	Brief amici curiae of Conservation Law Foundation, et al. filed.
09/22/2023	Brief amici curiae of American Cancer Society, et al. filed.
09/22/2023	Brief amici curiae of Small Business Associations filed.
09/22/2023	Brief amici curiae of The District of Columbia, et al. filed.
09/22/2023	Brief amicus curiae of The American Federation of Labor and Congress of Industrial Organizations (Oct. 2, 2023) filed.
10/13/2023	This case is to be argued in tandem with No. 22-1219, Relentless, Inc., et al. v. Dept. of Commerce, et al. in the January 2024 argument session (see order of today in No. 22-1219.)
10/16/2023	Reply of petitioners Loper Bright Enterprises, et al. filed.
10/27/2023	Amicus curiae briefs filed on the merits in this case will also be considered in connection with No. 22-1219, Relentless, Inc., et al. v. Dept. of Commerce, et al.
11/17/2023	SET FOR ARGUMENT on Wednesday, January 17, 2024.
11/20/2023	Record requested from the United States Court of Appeals for the District of Columbia Circuit.
11/22/2023	Record received from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk. The remainder of the record is available on PACER.
11/30/2023	CIRCULATED
01/17/2024	Argued. For petitioners: Paul D. Clement, Alexandria, Va. For respondents: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C.
06/28/2024	Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Thomas, J., and Gorsuch, J., filed concurring opinions. Kagan, J., filed a dissenting opinion, in which Sotomayor, J., joined, and in which Jackson, J., joined as it applies to No. 22–1219. Jackson, J., took no part in the consideration or decision of the case in No. 22–451. VIDED.
07/30/2024	Judgment Issued.