Prominent judges and scholars have criticized the familiar Chevron deference scheme on the ground that its two steps are redundant. But each step of traditional two-step Chevron actually does unique interpretive work. In short, step one asks whether agency interpretations are mandatory, whereas step ...
For more than 40 years, the Supreme Court’s decision inChevrongenerally required courts to defer to agencies’ permissible interpretations of ambiguities in statutes when undertaking rulemaking activities and adjudicating matters.Chevronheld that judicial deference was appropriate because...
federal courts owed to agencies still did not yield to the independence of the Judiciary. In short, “[n]othing in the New Deal era or before,” as the Court found, resembled the sweeping deference inChevron. The Court then examined how, in 1946, Congress enacted the Administrative Procedu...
On June 28, 2024, the Supreme Court issued a landmark ruling in Loper Bright Enterprises v. Raimondo 1 that upends a longstanding feature of
Prominent judges and scholars have criticized the familiar Chevron deference scheme on the ground that its two steps are redundant. But each step of traditionaldoi:10.1111/j.1467-6478.2014.00660.xRichard M. ReSocial Science Electronic Publishing...
The Supreme Court may now be transforming this division in largely unrecognized ways. These shifts, currently playing out in the immigration context, may threaten to reshape deference jurisprudence by handing more power to the immigration agency just when the agency may be least able to handle that...
Chevron divides interpretive and decisionmaking authority between the federal courts and agencies in each of two steps. The Supreme Court is now transforming this division in largely unrecognized ways. These shifts, playing out most sharply in the immigration arena, are reshaping deference jurisprudence...
These problems can be reduced through two steps. First, courts should adopt a broader understanding of Chevron's scope. Second, courts should acknowledge that the argument for Chevron deference is strengthened, not weakened, when major questions of statutory structure are involved.C. Sunstein...
Over the last thirty years, an immense amount of confusing case law has evolved detailing whether and how to apply the Chevron two step鈥攚hich may have one, two, three, or more steps. Viewed as a means to fine-tune deference, this effort has been largely a waste. Notwithstanding ...