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ARTICLE · 13 AUGUST 2024

Judicial Deference In Customs Litigation

Braumiller Group (Dallas)
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One of the most anticipated decisions of the Supreme Court's recent term was Loper Bright Enterprises v. Raimondo. While the specific underlying dispute in Loper Bright...

United StatesInternational Law
Mike Smiszek
Mike Smiszek
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One of the most anticipated decisions of the Supreme Court's recent term was Loper Bright Enterprises v. Raimondo.1 While the specific underlying dispute in Loper Bright isn't relevant to the trade community—did fishermen have to pay for government-mandated observers on their vessels?—the Court used this case to overturn the broadly applicable judicial deference test established in 1984 in Chevron U.S.A. Inc., v. Natural Resources Defense Council.2 After the Loper Bright decision was announced, a range of comments were posted on social media about the impact of the decision on cross-border trade. Some said that Loper Bright was a big deal, while others said it wasn't. But the answer isn't black-and-white. On one hand, Loper Bright is a big deal (really big) from a macro perspective because it significantly limits unconstrained rulemaking by federal agencies. So its effect will be significant in future litigation involving agency rulemaking (although prior decisions

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