Farewell to the two-step- Supreme Court overrules Chevron

In a big week for administrative law watchers, the Supreme Court issued a pair of 6-3 decisions paring back the powers of administrative agencies. In Loper Bright Enterprises v. Raimondo, the Court overruled Chevron U.S.A. v. Natural Resources Defense Council, Inc., and in Jarkesy v. S.E.C. it held that the Seventh Amendment prohibits agencies from seeking civil penalties for suits resembling actions at common law before administrative tribunals. Taken together, these cases demonstrate the Court’s focus on separation of powers. Below, we consider their potential impact on the Federal Trade Commission.