Two Takes on Administrative Change from the Roberts Court
Document Type
Article
Publication Date
2025
Abstract
This Article, written for a symposium following the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, examines a tension between that case and recent Supreme Court decisions involving the President’s authority to remove agency officials. In overruling Chevron, the Court displayed open skepticism and even hostility to the notion that regulatory agencies could change their interpretations of ambiguous statutory provisions from presidential administration to presidential administration based on differing policy views. Yet in the Court’s presidential removal cases, the Court has insisted that Presidents must have the power to remove agency heads to facilitate the President’s ability to influence agencies’ policy positions and reverse positions with which the new President disagrees. The Article outlines this tension before surveying some possible ways to resolve it.
Recommended Citation
Deacon, Daniel and Litman, Leah, "Two Takes on Administrative Change from the Roberts Court" (2025). Public Law & Legal Theory Working Papers. 16.
https://repository.law.umich.edu/pub_law_archive/16