Shining Light on Loper Bright: Why the Recent Supreme Court Decision Leaves Government Contracts Disputes Unchanged.
Published In: Procurement Lawyer, 2025, v. 60, n. 2. P. 3 1 of 3
Database: Academic Search Ultimate 2 of 3
Authored By: BANK, MARIT D.; DULGARIAN, KELLY A.; GOINS, ADRIANNE L.; MCCOOL, JOSEPH P.; MURRAY, EDWARD R. 3 of 3
Abstract
The article discusses the implications of the U.S. Supreme Court's decision in *Loper Bright Enterprises et al. v. Raimondo*, which overruled the Chevron deference doctrine, particularly in the context of government contracting regulations. It argues that the *Loper Bright* ruling, which is based on the Administrative Procedure Act (APA), is unlikely to affect government contract disputes because these disputes are governed by different statutes, such as the Contract Disputes Act (CDA) and the Tucker Act. The article emphasizes that government contracting regulations, including the Federal Acquisition Regulation (FAR) and Cost Accounting Standards (CAS), are rooted in the government's role as a contracting partner rather than as a sovereign entity, and thus should continue to receive judicial deference based on clear congressional delegations of authority. Additionally, the article notes that the doctrine of Auer deference, which pertains to agency interpretations of ambiguous regulations, remains intact and applicable in this context. [Extracted from the article]
Additional Information
- Source:Procurement Lawyer. 2025/01, Vol. 60, Issue 2, p3
- Document Type:Article
- Subject Area:Law
- Publication Date:2025
- ISSN:1079-073X
- Accession Number:185295037
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