The Loper Bright Decision: How it Impacts Cybersecurity Law
Aug 05, 2024
Cybersecurity Law / Data Privacy
The Loper Bright decision has yielded impactful results: the Supreme Court has overturned forty years of administrative law, leading to potential litigation over the interpretation of ambiguous laws previously decided by federal agencies. This article explores key questions for cybersecurity professionals and leaders as we enter a more contentious period of cybersecurity law. Background What is the Loper Bright Decision? The Loper Bright decision by the U.S. Supreme Court overruled the Chevron deference , stating that courts, not agencies, will decide all relevant questions of law arising on review of agency action. The Court held that because the Administrative Procedure Act (APA)'s text is clear, agency interpretations of statutes are not entitled to deference. The ruling emphasized that courts must exercise independent judgment in deciding whether an agency has acted within its statutory authority. This decision shifts the power of statutory interpretation from federal agencies ...