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Monday, April 27, 2026

Fifth Circuit declines to apply Chevron deference in bump stock ... - Ballotpedia News

The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process, and the rule of law.

This edition:

In this month’s edition of Checks and Balances, we review a decision from the U.S. Court of Appeals for the Fifth Circuit in which the en banc court declined to apply Chevron deference to the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) interpretation of its statutory authority to issue a bump stock ban; the introduction of the Regulations from the Executive in Need of Scrutiny (REINS) Act in the 118th Congress; a district court ruling affirming President Biden’s authority to raise the federal contractor minimum wage; and new recommendations from the Administrative Conference of the United States (ACUS) aimed at improving federal regulatory procedures.

At the state level, we take a look at the Ohio Supreme Court’s decision to limit Chevron deference in the state; a new state office in Ohio tasked with what lawmakers view as monitoring federal overreach; and a moratorium on new agency rulemaking in Iowa.

We also highlight legal commentary seeking clarity from the U.S. Supreme Court on appropriate applications of Chevron deference by the federal courts. This month, we wrap up with our year-end Regulatory Tally, which features information about the 2,044 proposed rules and 3,168 final rules added to the Federal...



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