Loper Bright Strikes Again
In a July 21, 2026 decision, the D.C. Circuit struck down the National Labor Relations Board’s “successor bar” doctrine, holding that it is inconsistent with the National Labor Relations Act. In doing so, the majority opinion in Hospital Menonita de Guayama v. NLRB relied on Loper Bright and the court’s obligation to independently interpret statutes rather than to defer to an agency’s own interpretation of its statutory authority. The decision…

