Chevron

Threatening Chevron Deference Threatens Government as a Whole

Threatening Chevron Deference Threatens Government as a Whole

Scholar argues that overruling deference to agencies will constrain U.S. government action.

Medicare and Chevron in the Supreme Court’s New Term

Medicare and Chevron in the Supreme Court’s New Term

With two Medicare cases, the U.S. Supreme Court may change an important rule on deference to agency decisions.

Regulatory Reactivity in FDA’s Approval of Aduhelm

Regulatory Reactivity in FDA’s Approval of Aduhelm

A controversial approval of an Alzheimer’s treatment reveals a core weakness in oversight of agency discretion.

Reining in Immigration Adjudicators

Reining in Immigration Adjudicators

Two scholars argue that immigration adjudication should no longer be afforded Chevron deference.

The Trump Administration’s Weaponization of the “Major Questions” Doctrine

The Trump Administration’s Weaponization of the “Major Questions” Doctrine

Deregulatory attacks have twisted a legal concept meant only to restrain extraordinary actions.

The Nondelegation Doctrine Is Alive and Well in the States

The Nondelegation Doctrine Is Alive and Well in the States

The U.S. Supreme Court could take a cue from Michigan and other states on reviving the nondelegation doctrine.

Another Explanation of Justice Gorsuch’s Bostock Vote

Another Explanation of Justice Gorsuch’s Bostock Vote

A recent case protecting LGBTQ rights may help the Supreme Court circumscribe the administrative state.

The Ongoing Saga of Chevron and Net Neutrality

The Ongoing Saga of Chevron and Net Neutrality

The FCC’s position on internet access will continue to change unless Congress passes clear legislation.

Judicial Deference to Agencies’ Decisions in Brazil and the United States

Judicial Deference to Agencies’ Decisions in Brazil and the United States

American doctrines of judicial review may provide useful models for Brazilian courts.

Justice Stevens’s Legacy to the Administrative State

Justice Stevens’s Legacy to the Administrative State

The late justice’s opinion in Chevron v. NRDC has greatly shaped judicial reasoning about administrative law.

Deference After Kisor

Deference After Kisor

A recent Supreme Court decision could reshape judicial deference of agency actions.

A Turning Point in the Deference Wars

A Turning Point in the Deference Wars

The Supreme Court preserved agency deference in Kisor v. Wilkie.