Chevron deference had become beside the point? “Maybe not quite beside the point, but of much diminished importance. Even when they citedChevron,they would say – this is unreasonable. And the Supreme Court has not been great in bailing out these kinds of determinations. But it did make a...
Chevron Deference in the States: Lessons from Three StatesCarrie Townsend Ingram
The death ofChevronalso does not mean an end to deference. First, as the majority opinion recognizes, Congress may (subject to certain constitutional limitations such as the Non-Delegation Doctrine) expressly delegate discretionary authority to agencies. The decision inLo...
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...
The push for “personhood” language was central to the Alabama Supreme Court’s 2024 decision related to “wrongful death” of laboratory-conceived embryos. The immediate effect, and cessation of in vitro fertilization care, was devastating for individuals seeking assisted reproduction care; some ...
A case about Atlantic herring has resulted in SCOTUS ending a 40-year policy to defer to expert agencies when considering regulations. The effects will likely be felt far beyond fishing
Nearly four years after Barrett wasconfirmed to the Supreme Courtfollowing the death of Justice Ruth Bader Ginsburg, this term showed the willingness of the youngest justice to split from her fellow conservatives on major decisions. She authored the dissent, joined by the three liberals, to the ...
The implacable dedication to death of the new era of fascism seems immune to any form of reason. Which is hardly surprising given its Psychopathic origin.In the near future it is probable that most literate attempts at resistance to the new barbarism will have shrivelled away to an underground...
The Supreme Court’s recent ruling on “Chevron deference” could affect federal regulations of everything from power plant emissions to electric vehicles to transmission lines
chevron deferenceimmigrationadministrative adjudicationrulemakingadministrative lawThe Duke Law Journal's fifty-first annual administrative law symposium examines the future of Chevron deference—the command that a reviewing court defer to an aWadhia, Shoba Sivaprasad...