Much Ado About Chevron.
Even when the Supreme Court changes course, the lower courts do not always fall in line. Old dogs do not like new tricks. The archetypal example is Heller. Even after the Supreme Court recognized an individual right to keep and bear arms, the lower courts actively resisted the case for more than a decade. Judges didn’t like guns, and Heller didn’t change much. Virtually every gun control measure survived scrutiny. Not much changed before and after Heller. Perhaps Bruen was a brief respite from that change, though Rahimi may usher in more of the same.
Will Loper Bright be treated in a similar fashion? For decades, lower-court jud
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