Over at the Library of Law and Liberty, I had a post yesterday, entitled Do Judicial Deference Doctrines Actually Matter?, on Kent Barnett and my new article Chevron in the Circuit Courts, which is forthcoming in the Michigan Law Review. In that post, I briefly recap the current debate about whether to get rid of, or at least narrow, Chevron deference, and then I spend some time on the related findings from our study on whether deference doctrines actually matter.
Here’s a snippet:
My purpose in the present, brief post is to zero in on one finding regarding the effect of Chevron deference in the circuit courts: There is a difference of nearly 25 percentage points in agency-win rates when judges decide to apply the Chevron deference framework, as compared to when they do not. (That is to say, at least in the cases reviewed, where Chevron was referenced in the published opinion.)
Definitely check out my full post here. Our study has been kindly featured in the City Journal, the Federalist Society blog, and the National Law Journal. The current draft of the article is available for download on SSRN here. The article won’t be published until next year, so comments are particularly welcome.