Is Trade Special? Trade Law and Deference After Loper Bright

Partner Brooke Ringel published ​“Is Trade Special? Trade Law and Deference After Loper Bright” for the Winter 2025 edition of Rutgers University Law Review. The article covers how the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, which overturned Chevron, will affect judicial review in international trade and customs litigation. 

The article begins with a summary of Chevron​’s two-step framework for a court to determine the validity of an agency’s interpretation of statutory text, and the framework’s role in trade law. The authors then situate the Loper Bright decision within the statutory framework governing the Court of International Trade. The authors find that most antidumping and countervailing dumping cases will be largely unaffected by the Loper Bright decision.

Read the full article here.