Loper Bright in a Larger Interpretive Perspective: Is This Justice Scalia's Court Anymore?

Loper Bright Enterprises v. Raimondo has left administrative lawyers agog: Could the Supreme Court really reverse the "goliath" known as Chevron deference? For those who study the Court's interpretive landscape more broadly, however, Chevron reversal may not be as unexpected as administrative lawyers believe. This Article will look at Loper Bright by linking three notable interpretive developments: the major questions doctrine, Chevron skepticism, and strict constructions of statutory text. These developments share the same risk: the Court is imposing a new "clarity tax" on both Congress and administrative agencies. Having said this, others' grave worries about changes in Chevron are misplaced; the administrative state will not disappear even if Chevron does. This Article will urge readers to think more broadly than Chevron and consider larger trends of interpretive practice on the current Supreme Court. [ABSTRACT FROM AUTHOR]