Tag Archives: Bill Eskridge

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 […]

Chevron as a Canon, Not A Precedent

by Connor N. Raso — Wednesday, June 3, 2015

Last week, the DC Circuit issued a potentially important decision in Validus Reinsurance, Ltd. v. United States addressing the potential interplay of the presumption against extraterritoriality—a canon of statutory construction—and Chevron deference. Andy Grewal has a great post that summarizes the case and speculates that “Chevron deference might just be an interpretive canon which need […]

Will the Government Get Chevron Deference in King v. Burwell?

by Connor N. Raso — Friday, Mar. 6, 2015

The Government is likely to prevail in King v. Burwell if its interpretation of the Affordable Care Act receives Chevron deference. This raises an important question: what influences when Supreme Court justices grant Chevron deference to agencies? Prof. Bill Eskridge and I examined this question in a paper that examined all Supreme Court cases from […]