Loper Bright and Restoring the Banking Laws' Progressive Values

22 Berkeley Bus. L.J. (2025)

29 Pages Posted: 9 Oct 2024

See all articles by Todd Phillips

Todd Phillips

Georgia State University - J. Mack Robinson College of Business

Date Written: September 06, 2024

Abstract

Many left-leaning scholars, legislators, and activists condemn Loper Bright Enterprises v. Raimondo and the overturning of Chevron deference as being harmful to democracy and progressive values. Although these assertions may be true in some areas of regulation, they are not necessarily true across all areas. Case in point: Banking. Even in the same decades that progressives used Chevron to notch environmental and other wins, banking regulators used the doctrine to systematically undermine progressive banking laws. This essay explains Congress's progressive intentions with its banking statutes, explains how courts gave Chevron deference to agency interpretations at odds with Congressional intent, and how Loper Bright provides an opportunity to restore progressive values in banking.

Keywords: Loper Bright, Chevron, Bank Regulation

Suggested Citation

Phillips, Todd, Loper Bright and Restoring the Banking Laws' Progressive Values (September 06, 2024). 22 Berkeley Bus. L.J. (2025)
, Available at SSRN: https://ssrn.com/abstract=4948718 or http://dx.doi.org/10.2139/ssrn.4948718

Todd Phillips (Contact Author)

Georgia State University - J. Mack Robinson College of Business ( email )

P.O. Box 4050
Atlanta, GA 30303-3083
United States

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