Deference to Agencies

Major Questions and Juristocracy

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

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

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 Comments and the Major Questions Doctrine

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

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.

Endangered Deference

Endangered Deference

The Supreme Court’s recent Weyerhaeuser decision will add to the administrative costs of protecting endangered species.

A Turning Point in the Deference Wars

A Turning Point in the Deference Wars

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

The Ambiguity in Judge Kavanaugh’s Chevron Critique

The Ambiguity in Judge Kavanaugh’s Chevron Critique

Judge Kavanaugh’s views on Chevron may create more uncertainty than exists under the current doctrine.

Kavanaugh and the Deference Doctrines

Kavanaugh and the Deference Doctrines

Judge Kavanaugh’s past opinions reveal a commitment to clarifying deference rules and increasing predictability.

Judge Kavanaugh, Chevron Deference, and the Supreme Court

Judge Kavanaugh, Chevron Deference, and the Supreme Court

If confirmed, Judge Kavanaugh would likely support narrowing Chevron’s scope.