Deference

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.

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 Sound of Silence

The Sound of Silence

A three-way split in Virginia Uranium v. Warren presents conflicting views of preemption.

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.

The Empty Case for Overruling Auer Deference

The Empty Case for Overruling Auer Deference

Contrary to criticisms, Auer deference does not encourage agencies to self-delegate.