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Abstract

The Supreme Court's decision in Loper Bright to overturn the Chevron doctrine presents both challenges and opportunities for Congress in crafting legislation and overseeing its implementation. This article argues that Congress can effectively respond to this shift by adopting more case-by-case adjudicatory approaches to regulation, drawing inspiration from the Federal Trade Commission's consumer protection enforcement. Such an approach allows Congress to provide clearer legislative intent while preserving administrative flexibility in policy implementation. Using the FTC's enforcement history as a case study, the article demonstrates how adjudicatory frameworks can effectively balance judicial demands for statutory clarity with the need for adaptive governance in complex policy domains. The article addresses potential criticisms regarding legal uncertainty and arbitrary enforcement, proposing specific structural safeguards, enhanced congressional oversight, and robust judicial review mechanisms. This analysis suggests that an adjudicatory model, properly constrained, offers a viable path forward for effective governance in the post-Chevron landscape while reinforcing Congress's legislative authority.