Katten's Financial Markets and Funds Quick Take is
a monthly newsletter highlighting key noteworthy developments
potentially affecting financial markets and funds.
To read more issues of Katten's Financial Markets and Funds
Quick Take, please click here.
A Brave New World: The Supreme Court Torpedoes the
'Administrative State'
By Carl Kennedy, Daniel Davis, Richard Marshall, Adam
Bolter, Alexander Kim, Robert Bourret
The Supreme Court is at war with the "administrative
state." In three major cases decided at the end of the Supreme
Court's last term, the Court decided against the administrative
state, reducing the powers of administrative agencies.
"Chevron deference" to agency interpretations in areas of
their expertise was eliminated. The "public rights"
exception to a target's right to a jury trial in an action
brought by an agency was redefined and limited. The statute of
limitations to challenge agency rulemaking was extended to permit a
new entity to
