A Turning Point in the Deference Wars
The Supreme Court preserved agency deference in Kisor v. Wilkie.
The Supreme Court’s 2018–2019 Regulatory Term
Commentators highlight the ramifications of the Court’s most significant regulatory cases.
Statutory Clarity and Judicial Review of Regulatory Impact Analysis
Precise statutory language corresponds to better benefit-cost analysis and more consistent judicial review.
Shunting Aside Chevron Deference
The Supreme Court’s most recent term suggests that some justices would revise the doctrine of Chevron deference.
Can You Start a Lawsuit by Mail?
The U.S. Supreme Court will soon decide a case involving the interpretation of a key civil litigation treaty.
Supreme Court Takes Up Transgender Restroom Policy
Case presents opportunity for Court to consider deference to agencies’ interpretations of regulations.
Courts Regulating the Regulators
Recent cases and proposed legislation reveal decreasing deference to agencies’ interpretation of their own regulations.
Rebuilding Accountability in the Administrative State
When it comes to rulemaking, “It should no longer be sufficient for agency decision makers to assume that the only hurdle they have to meet is simply not being ‘clearly wrong.'”
Putting Foxes in Charge of Guarding Henhouses
“Chevron deference has created a regulatory landscape where agencies may in some cases do what they want, rather than what the law requires or allows them to do.”
Chevron’s Lack of Statutory Support
“If you had to distill the Chevron doctrine to nine words, I do not think you could do better than: ‘When I am confused, I go with the agency.'”
Chevron Undermines Checks and Balances
It is time to reconsider the extent to which we apply Chevron.