SCOTUS Cert Recap: Two New Cases Address Retaliation for Free Speech Deference to Agencies
Highlights
On Oct. 13, the Supreme Court agreed to consider several questions, including:
Should the Court overrule its earlier decision requiring courts to defer to agencies’ interpretations of ambiguous statutory provisions?
Does probable cause for an arrest preclude a free speech retaliatory arrest claim where there is objective evidence the arrest was retaliatory and where the claim is not brought against the arresting officer?
On Oct. 13, the U.S. Supreme Court added four additional cases to its recently started 2023-24 term. This alert will cover two of these cases: a case concerning when probable cause bars free speech retaliatory arrest claims, and a second vehicle for the Court to consider whether to overrule Chevron deference (to pair with the already-granted Loper Bright Enterprises v. Raimondo).
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