October 16, 2023 — The Supreme Court said on Friday that it would hear a second challenge to a foundational precedent on the power of executive agencies.
The new case is almost identical to one the court agreed to hear in May, Loper Bright Enterprises v. Raimondo, No. 22-451. The court’s usual practice when asked to hear a follow-on case concerning the same issues is to hold the new case until the earlier one is resolved and then return it to the lower courts for reconsideration in light of the ruling in the first one.
The court’s unusual decision to grant review in the new case was almost surely because Justice Ketanji Brown Jackson had recused herself from the earlier case, having served on the panel that heard it when she was a judge on the U.S. Court of Appeals for the District of Columbia Circuit.
The new case comes from the First Circuit, in Boston, and so does not require Justice Jackson’s recusal.
Read the full article at The New York Times