Another Round of Speculation about Chevron?
An upcoming SCOTUS case provides an opening for greater dispute over the power of regulatory agencies.
Supreme Court Crushes the United States’ Ability to Mitigate Climate Change
Rejecting EPA’s ability to reshape the coal industry, the Court forecasts invalidating future agency actions.
Is Chevron Deference Still Alive?
Three takeaways follow from the Supreme Court’s recent opinions ignoring Chevron v. NRDC.
Major Questions and Juristocracy
In rejecting agency action on the basis of the “major questions doctrine,” judges undermine congressional policies.
Vaccine Mandates and Roads Not Taken
Another regulatory approach to mandate vaccines could have withstood judicial scrutiny.
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
With two Medicare cases, the U.S. Supreme Court may change an important rule on deference to agency decisions.
Regulatory Comments and the Major Questions Doctrine
Courts should not rely on the number of public comments to assess the legality of regulations.
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
Deregulatory attacks have twisted a legal concept meant only to restrain extraordinary actions.
The Supreme Court’s recent Weyerhaeuser decision will add to the administrative costs of protecting endangered species.
A Turning Point in the Deference Wars
The Supreme Court preserved agency deference in Kisor v. Wilkie.