The late justice’s opinion in Chevron v. NRDC has greatly shaped judicial reasoning about administrative law.
A recent Supreme Court decision could reshape judicial deference of agency actions.
The Supreme Court preserved agency deference in Kisor v. Wilkie.
The Court applies the Chevron test more often than one influential study suggests.
Limiting judicial deference to agencies would strengthen environmental policy and democratic accountability.
Judge Kavanaugh’s views on Chevron may create more uncertainty than exists under the current doctrine.
Judge Kavanaugh’s past opinions reveal a commitment to clarifying deference rules and increasing predictability.
In his D.C. Circuit cases, Judge Kavanaugh tends to disfavor most agency interpretations of statutes.
If confirmed, Judge Kavanaugh would likely support narrowing Chevron’s scope.
What would Judge Kavanaugh’s confirmation mean for the U.S. Supreme Court’s administrative law decisions?
The Supreme Court’s most recent term suggests that some justices would revise the doctrine of Chevron deference.
Net neutrality has “bounced” from regulation to repeal under an often-used administrative law doctrine.