Supreme Court Eyes World War II Era Doctrine for Agency Rules

The future of the Chevron doctrine appears more precarious than ever after Supreme Court arguments, but questions remain about what might replace the bedrock administrative law principle.

The court, controlled by conservative justices, signaled during arguments Jan. 17 in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce that if Chevron goes, that they want a doctrine known as Skidmore to govern in the future, even as consensus eluded them about what that could mean.

“If Skidmore is going to occupy a more prominent role going forward, I’d like to know exactly what your ...