Keywords

Loper Bright, Chevron, statutory interpretation, canon, legal formalism, legal realism

Abstract

After forty-two years, the Supreme Court overturned Chevron deference in their decision Loper Bright Enterprises v. Raimondo (2024). The decision suggested a rising inclination towards legal formalism in cases of statutory interpretation. This Note argues that if the Court intends statutes to be interpreted in accordance with formalism, clarification is needed. Loper Bright was not sufficient to clear up the inconsistencies in statutory interpretation that the Court used to overrule Chevron. Without a strong prescription, Loper Bright will eventually collapse on itself. A formal ranking of substantive canons is one type of structure that would support Loper Bright and enable formalistic ruling over time. Structuring canons in a specific order would reduce inconsistencies of canon application.