Prof. Kristin Hickman Quoted in Bloomberg Tax About the Ramifications of Loper Bright on the GOP Tax Bill

Professor Kristin Hickman, associate dean for research & intellectual life, was quoted in Bloomberg Tax about the ramifications of Loper Bright on the GOP tax bill. The bill includes numerous provisions explicitly granting the Treasury Department authority to issue certain regulations, a move to potentially bolster Treasury against any court challenges arising out of a key 2024 U.S. Supreme Court ruling. The court’s Loper Bright Enterprises v. Raimondo decision gave judges more power to reject agencies’ regulations. While lawmakers are making clear that they’re delegating their power, they also want to ensure they keep the agencies on a tight leash. And they remain conscious that one day the Loper Bright shoe will be on the other foot, when a future Democratic administration’s Treasury would enjoy the same protection against being overruled on regulations to implement the bill. Prof. Hickman said that Congress has often delegated regulatory authority to agencies in the past, but Loper Bright made it more important that such delegations be clear and specific. She said, “There’s no question a number of members of Congress are very cognizant of Loper Bright.”