Monthly Archives: June 2015

Deference’s Discontents

by Jeff Pojanowski — Tuesday, June 30, 2015

I’d like to chip in with some quick thoughts on recent, skeptical rumblings in the Court about deference to administrative agencies. What interests me most here is not the arguments separate Justices are making against deference—they are not new to administrative law thinking, though their return to judicial discussion is more novel. Rather, I’m wondering […]

Can Vermont ask its employers about health-care prices?

by Nicholas Bagley — Tuesday, June 30, 2015

It was easy to overlook in the hubbub over the end-of-term cases, but the Supreme Court yesterday morning agreed to hear Gobeille v. Liberty Mutual, a case with significant implications for the states’ authority over the health-care sector. At issue in the case is whether Vermont can force health insurers—including employers that self-insure—to tell state […]

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Brown & Williamson vs. Congressional Intent

by Andy Grewal — Tuesday, June 30, 2015

As has been discussed on this blog and elsewhere, Chief Justice Roberts’ majority opinion in King v. Burwell rejected the application of Chevron deference for the IRS’s construction of Section 36B. The meaning of the phrase “established by the State” was not something for the IRS to determine, because “had Congress wished to assign that […]

Michigan v. EPA’s Impact on Cost-Benefit Requirements

by Connor N. Raso — Tuesday, June 30, 2015

In Michigan v. EPA, the Supreme Court invalidated an EPA rule regulating power plant emissions of mercury and other pollutants. This post discusses the decision’s potential impact on cost-benefit jurisprudence generally. All nine justices endorsed the proposition that agencies have a general obligation under the Administrative Procedure Act to consider costs when deciding to regulate. […]

The IRS Isn’t an Expert?

by Andy Grewal — Monday, June 29, 2015

Today, the Supreme Court issued its much-anticipated decision in King v. Burwell, holding that the Section 36B premium tax credit extends to taxpayers who acquire healthcare policies on federally established exchanges. The decision probably will not bear much on core tax provisions, but the Court’s reasoning could have major implications for the IRS’s administration of the […]

King v. Burwell: Why Is the Scope of Chevron So Unpredictable?

by Connor N. Raso — Sunday, June 28, 2015

The majority in King v. Burwell surprised many observers by declining to grant Chevron deference to the IRS interpretation of the Affordable Care Act at issue. Instead, the Chief Justice’s opinion held thatChevron does not apply to questions that are of “deep economic and political significance.” This post does not analyze how this decision relates […]

What King v. Burwell Means For Environmental Law

by Bruce Huber — Friday, June 26, 2015

Ok, I confess that the title to this post is a bit grandiose. At a minimum, we’ll have much more material on which to base our prognostications about the legality of the Clean Power Plan after Michigan v. EPA is decided on Friday or Monday. But I can’t resist accepting Chris Walker’s invitation to think for just […]

Defining Deference Down

by Adam White — Friday, June 26, 2015

CJW Note: Over at SCOTUSblog, there’s a great symposium on King v. Burwell. I thought I’d cross-post, with permission, one of the contributions, by Adam White, that relates to my post yesterday about the effect of King v. Burwell on administrative law. Here is Adam’s post: As many have by now noted, Chief Justice John Roberts asked only […]

Administrative Procedure as a Source of Agency Advantage

by Connor N. Raso — Thursday, June 25, 2015

Procedural requirements like the APA’s notice-and-comment process are often viewed as burdens on agencies to be avoided when possible. My new paper in the Administrative Law Review provides evidence for that view. But this view is not always correct (if it were, many questions in this area would be less interesting!). In some cases, agencies […]

What King v. Burwell Means for Statutory Interpretation

by Chris Walker — Thursday, June 25, 2015@chris_j_walker

This morning I blogged about what the 6-3 decision in King v. Burwell means for administrative law (post here). Part of my conclusion there is that the Court’s decision in King chips away at the bright-line rule-based approach to Chevron deference—an approach Justice Scalia has championed—by reinvigorating the major questions doctrine. King, however, constitutes a major […]