Prof. Kristin Hickman Quoted in Law360 about the Potential Increase in Judicial Reviews of Cases after Loper Bright

Professor Kristin Hickman, associate dean for research & intellectual life, was quoted in Law360 about the potential increase in judicial reviews of cases after Loper Bright which did away with Chevron deference that required courts to defer to federal administrative agencies when a statue was silent or ambiguous. Some feared or celebrated what seemed to be a major blow to the administrative state and a flood of litigation against federal agencies. However, for now, the decision’s actual effects remain purely theoretical. Prof. Hickman said that in the short term, she expects parties will feel emboldened to seek judicial review of agencies’ interpretations of statutes. But it’s impossible to know just how many new challenges might arise that would never have been filed while Chevron was around. “You can't count the cases that aren’t filed, right?” She added there will be a period where everyone will be trying to figure out exactly how courts will handle challenges under Loper Bright. “As a practical matter, I think it's fair to expect an uptick in the number of cases challenging agency interpretations of statutes,” she said.