The court significantly limited Chevron in 2022 when it adopted the so-called“major questions doctrine.”That doctrine reverses the rule of deference in cases when an agency takes a highly consequential action reflecting a previously unheralded expansion in the scope of its authority. In those v...
Brown & Williamson, the Supreme Court appeared to create an exception to Chevron deference for agency enactments that effect "major" changes. Neither the Supreme Court nor the scholarly literature, however, has ever articulated a satis-factory justification for the majorness line. Indeed, in the ...
Sonia Sotomayor and Ketanji Brown Jackson. Among other rationales for keepingChevrondeference, this set of justices appeared to defend the 40-year-old doctrine not only on the grounds ofstare decisis, but also on the basis
The Chevron doctrine The 1984 “Chevron doctrine” — also known as “Chevron deference” — instructed courts, when evaluating federal agency interpretations of statutes, to first determine whether Congress explicitly addressed the specific issue in question. If congressional intent was clear, n...
The U.S. Supreme Court agree to revisit its landmark Chevron deference ruling by granting cert in the matter Loper Bright Enterprises v. Raimondo.
In a 6-3 decision, the Supreme Court held that Chevron deference violated the Administrative Procedure Act (APA) by improperly prioritizing agencies’ interpretations over courts’ interpretations. Writing for the majority, Chief Justice Roberts explained that Congress enacted the APA to serve as a “...
the Court should have examined whether a contextual doctrine like avoidance could even be reconciled with the presumption of indivisibility. “No answer is what the wrong question begets . . . .”66 G. Review of Administrative Action Chevron Deference. — Chevron U.S.A. Inc. v. Natural Resou...
Chevron U.S.A., Inc. v. NRDC: A government agency must conform to any clear legislative statements when interpreting and applying a law, but courts will give the agency deference in ambiguous situations as long as its interpretation is reasonable.
“Essentially, anytime where an agency has a dispute with either an individual or some other entity — sometimes even the federal government versus the state government —Chevrondeference could come up,” said Thomas Berry, a legal fellow at the Cato Institute. ...
Perspectives on Chevron Deference: To what extent are courts applying this doctrine, has it been abused and does it provide value as a tool for judicial review of FCC decisions?Henry T. Kelly