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Wither the Administrative State: what Loper means for employment agencies
30/01/2024
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Supreme Court
iStock.com/Bill Chizek
Authors
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Michael Berkheimer
Michael Berkheimer is senior counsel at Seyfarth Shaw
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Scott Mallery
Scott Mallery is counsel at Seyfarth Shaw

 

The Administrative State – the departments and agencies under the direction of the Executive Branch – greatly expanded in both number and responsibility throughout the 20th Century as the American economy and society became increasingly complex and Congress delegated oversight of both to specialists.

In 1984, the US Supreme Court issued its opinion in Chevron v Natural Resources Defense Council, which permitted an expansion of federal agency discretion within their respective areas of expertise.