Another Round of Speculation about Chevron?
An upcoming SCOTUS case provides an opening for greater dispute over the power of regulatory agencies.
Is Chevron Deference Still Alive?
Three takeaways follow from the Supreme Court’s recent opinions ignoring Chevron v. NRDC.
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.
The Trump Administration’s Weaponization of the “Major Questions” Doctrine
Deregulatory attacks have twisted a legal concept meant only to restrain extraordinary actions.
The Sound of Silence
A three-way split in Virginia Uranium v. Warren presents conflicting views of preemption.
Deference After Kisor
A recent Supreme Court decision could reshape judicial deference of agency actions.
A Turning Point in the Deference Wars
The Supreme Court preserved agency deference in Kisor v. Wilkie.
The Empty Case for Overruling Auer Deference
Contrary to criticisms, Auer deference does not encourage agencies to self-delegate.