Plenary 1: The Death of the Chevron Doctrine: The Future of Regulatory Power and Litigation

Session Description:

The U.S. Supreme Court’s decision in Loper Bright Enterprises v. Raimondo marked the end of the Chevron doctrine, a legal precedent that had long granted deference to federal agencies in interpreting ambiguous statutes. This course provides an in-depth discussion on the ruling’s profound implications, exploring how the decline of agency self-governance is reshaping administrative law, regulatory authority, and corporate litigation.

We will analyze key legal developments in the wake of Loper, including the dramatic increase in regulatory challenges.  Participants will examine how the decision is likely to create regulatory uncertainty, slow rulemaking, limit federal agencies’ ability to impose new requirements, and shift power toward the judiciary and private industry.

Through case studies, legal analysis, and expert commentary, this course will equip attendees with a comprehensive understanding of how the post-Loper landscape affects governance, corporate strategy, and administrative law. Topics include:

• The history and legal foundation of the Chevron doctrine
• The Loper Bright Enterprises decision and its immediate impact
• The shift of interpretive power from agencies to courts
• Judicial review of expertise
• Increased litigation and regulatory challenges
• The implications for corporate compliance and government oversight
• The long-term effects on federal rulemaking and policymaking

This course is essential for legal professionals and anyone interested in the evolving balance of power between regulatory agencies, the judiciary, and the private sector.

Hon. Elizabeth Prelogar, 48th Solicitor General of the United States

Elizabeth Prelogar served as the 48th Solicitor General of the United States from 2021 to 2025. As Solicitor General, she was the fourth-ranking individual at the Department of Justice and was responsible for conducting and supervising all Supreme Court litigation on behalf of the United States. Prelogar has argued 35 cases in the Supreme Court, including landmark cases involving constitutional law, administrative law, civil rights, criminal law, environmental law, and the separation of powers. Prelogar previously served in multiple roles at the Department of Justice, including Principal Deputy Solicitor General and Assistant to the Solicitor General.

Prelogar was born and raised in Boise, Idaho. She received her bachelor’s degree from Emory University, a master’s degree in creative writing from the University of St. Andrews, and her law degree from Harvard Law School. After graduating from law school, Prelogar clerked for Judge Merrick B. Garland of the U.S. Court of Appeals for the D.C. Circuit. She then completed consecutive Supreme Court clerkships for Justice Ruth Bader Ginsburg and Justice Elena Kagan. She later became a partner at Cooley LLP, where she focused on Supreme Court and appellate litigation. Prelogar recently served as a professor at Harvard Law School where she taught a course on changing paradigms in the Supreme Court.

Roman Martinez, Partner, Latham & Watkins LLP

Roman Martinez is a partner in the Washington, D.C. office of Latham & Watkins. As a member of the firm’s Supreme Court and Appellate Practice, he focuses primarily on appeals in the Supreme Court of the United States, the United States Courts of Appeals, and state appellate courts. Mr. Martinez has handled civil and criminal matters involving a wide range of constitutional, statutory, and administrative law issues, and he has argued cases in the Supreme Court and the D.C., Sixth, Ninth, and Federal Circuits, among other courts.

Mr. Martinez’s appellate practice encompasses civil and criminal matters spanning virtually all areas of law. He recently rejoined Latham after serving as an Assistant to the Solicitor General at the US Department of Justice. In that role, he represented the United States in litigation before the Supreme Court and advised the Solicitor General on the government’s appellate litigation throughout the country.

Mr. Martinez has personally argued seven cases in the Supreme Court, including important cases in the fields of patent law, criminal law, civil rights, and civil procedure. He has filed over 75 briefs in the Supreme Court involving a wide range of legal issues, including administrative, tax, securities, intellectual property, criminal, environmental, education, civil rights, immigration, and First Amendment law.

Over the past year, Mr. Martinez has led Latham appellate teams in cases involving the Administrative Procedure Act, securities, ERISA, products liability, and employment law. Earlier this year, he successfully persuaded the Supreme Court to reject the State of Connecticut’s high-profile effort to reinstate the murder conviction of Michael Skakel. He frequently consults with clients to develop creative approaches to difficult legal questions that arise in and out of litigation.

Mr. Martinez’s extensive pro bono practice focuses chiefly on administrative law challenges to unlawful agency action by the Department of Veterans Affairs, as well as on criminal defense appeals. In 2018, he persuaded the Supreme Court to grant certiorari on behalf of a veteran seeking judicial review of an unlawful regulation promulgated by the Department of Veterans Affairs.

Before joining Latham, Mr. Martinez served as a law clerk to Chief Justice John G. Roberts of the Supreme Court of the United States and to then Judge Brett M. Kavanaugh of the D.C. Circuit.

From 2002 to 2005, Mr. Martinez served as an advisor on the Iraqi political and constitutional process, in various roles at the White House, at the US Embassy and Coalition Provisional Authority in Iraq, and at the Department of Defense. He received the Secretary of Defense Medal for the Global War on Terrorism and the US Department of Defense Distinguished Public Service Award for his service in Iraq.

Mr. Martinez is a member of the Edward Coke Appellate Inn of Court, and he serves on the US Chamber of Commerce’s Administrative Law & Government Litigation Advisory Committee. He previously served as a member of the D.C. Circuit’s Advisory Committee on Procedures, and he now serves on the US District Court for the District of Columbia’s Committee on Grievances. His writing has appeared in The Wall Street Journal, The Washington Post, and other publications. He has appeared as a guest on the PBS NewsHour and other television programs to discuss the Supreme Court.

Hon. J. Michelle Childs, Circuit Judge, United States Court of Appeals for the District of Columbia

The Honorable J. Michelle Childs was appointed to the United States Court of Appeals for the District of Columbia Circuit in July 2022. Judge Childs holds an undergraduate degree in Management from the University of South Florida Honors College, a law degree from the University of South Carolina School of Law, a Masters in Personnel and Employment Relations from the University of South Carolina’s Darla Moore School of Business, a Masters of Judicial Studies from Duke University School of Law, and an Honorary Doctorate Degree in Public Service from the University of South Carolina.

From 1992 to 2000, Judge Childs worked at Nexsen Pruet, ultimately achieving the designation of partner. Upon acceptance of a gubernatorial appointment, she served from 2000 to 2002 as the Deputy Director for the South Carolina Department of Labor, Licensing, and Regulation’s Division of Labor. From 2002 to 2006, as the result of another gubernatorial appointment, Judge Childs served as a commissioner on the South Carolina Workers’ Compensation Commission. In 2006, the South Carolina General Assembly elected her as a state circuit court judge. During her time on the state bench, Judge Childs served as chief administrative judge for General Sessions, which is South Carolina’s criminal court, and as chief administrative judge for the state’s business court. In 2010, she was appointed to the United States District Court for the District of South Carolina, where she served until her appointment to the United States Court of Appeals for the D.C. Circuit.

Judge Childs is active with various local, state, and national bar organizations, as well as community organizations. Judge Childs is the past President of the Federal Judges Association. She has been named to the American Inns of Court Board of Trustees and the United States Supreme Court Fellows Commission. Within the American Bar Association, she is the chairperson-elect of the Appellate Judges Conference, a member of the Administrative Law Council, a fellow of the American Bar Foundation, a fellow in the Litigation Section, and a Co-Chair of Committee on the American Judicial System. Formerly, she was the Chair of the American Bar Association’s Judicial Division, the Secretary of the American Bar Association’s Labor and Employment Law Section, and Chair of the Appellate Judges Education Institute Conference. Judge Childs is also a member of the American Law Institute and its Council and Membership Committee, where she served as an Advisor to the Restatement (Third) of Employment Law. She currently serves on the Bolch Judicial Institute Advisory Board and joined the class of 2022 Rodel Judicial Fellows.