Loper, Chevron and the (Underrated) Value of Predictability
I suspect that no one understands as well as an ERISA litigator the extent to which the rules governing judicial decision making either determine the outcome of a dispute or, at a minimum, dictate a specific and limited range of potential outcomes as well as establish the respective odds of each. In the context of
Chevron, Little Fish and ERISA
The Supreme Court today hears argument in a case concerning many politicians’ and lawyers’ favorite pinata, the Chevron doctrine. It would likely be naïve to believe that the case won’t at least further restrain agency authority and discretion, although whether the case will be the vehicle for complete abrogation of the doctrine is