Loper Bright Enterprises v. Raimondo and the Prospect of “Management by Judiciary”

Authors

• Rodger D. Citron, Touro Law School

Abstract

In January 2025, Touro University, Touro Law Center, and Touro Law Review held a wide-ranging conference on higher education in the 21st century. The timing could not have been more apt. We were days away from the inauguration of Donald Trump’s second term as President. The ferment in higher education would continue, only more so. In addition, in its 2023-24 term, the Supreme Court had decided a number of important administrative law cases, none more significant than Loper Bright Enterprises v. Raimondo (“Loper Bright”).1 Although I did not speak at the panel session on “The Changing Regulatory Landscape in Higher Education,” I found the session in formative and provide a summary of Loper Bright and brief remarks on what the Supreme Court’s decision could mean in higher education administration. The latter are informed by Professor Peter Lake’s comments during the session.

Recommended Citation

Citron, Rodger D. (2026) "Loper Bright Enterprises v. Raimondo and the Prospect of “Management by Judiciary”," Touro Law Review: Vol. 41: No. 2, Article 4.
Available at: https://digitalcommons.tourolaw.edu/lawreview/vol41/iss2/4