Tag Archives: Chevron deference

Nearly Four Months After His Death, Judge Reinhardt Casts the Deciding Vote in an Important Tax Exceptionalism Case: Altera v. Commissioner of Internal Revenue

by Chris Walker — Tuesday, July 24, 2018@chris_j_walker

[8/7/2018 Update: In an order issued today by a Ninth Circuit three-judge panel where Judge Graber has replaced Judge Reinhardt, the newly constituted panel states that “[t]he Opinions filed July 24, 2018, are hereby withdrawn to allow time for the reconstituted panel to confer on this appeal.”] Today the Ninth Circuit issued a 2-1 decision in a […]

Chevron in the States: Mississippi Update

by Aaron Saiger — Monday, July 16, 2018

Mississippi’s high court announced last month that it will “no longer … give deference to agency interpretations” of their governing statutes.  The case is King v. Mississippi Military Dept.    It’s a tough summer for Chevron in state supreme courts, when you read King in conjunction with Wisconsin’s Tetra Tech, which I discussed two weeks ago. Like […]

Chevron in the States:  Wisconsin Update

by Aaron Saiger — Wednesday, July 4, 2018

The cause of overruling Chevron continues to gather momentum.  (This post will appear nestled among several that parse the views of potential nominees to the United States Supreme Court regarding judicial deference.)  It is notable, then, that the day before Justice Kennedy announced his retirement, the Wisconsin Supreme Court issued a spirited anti-Chevron manifesto, written […]

The Future of Chevron Deference: Of Zombie Fungus and Acoustic Separation, by Jeffrey Pojanowski

by Guest Blogger — Thursday, June 21, 2018

The Supreme Court tossed a proverbial squib into the administrative law world this morning, and the takes, hot and otherwise, are sparking everywhere. It handed down three decisions with implications for administrative law: Lucia v. SEC, Pereira v. Sessions, and Wisconsin Central Ltd. v. United States. Lucia, which already had its own symposium on this […]

Adler on Gluck & Posner on Judges as Statutory Interpreters

by Chris Walker — Monday, Mar. 12, 2018@chris_j_walker

I was so excited to see Abbe Gluck’s latest article (with Richard Posner)—Statutory Interpretation on the Bench: A Survey of Forty-Two Judges on the Federal Courts of Appeals—hit the Harvard Law Review press over the weekend. Gluck’s empirical and theoretical work on legislation and statutory interpretation is always a must-read, and this article is no […]

Chevron and Political Accountability

by Chris Walker — Sunday, Mar. 11, 2018@chris_j_walker

Kent Barnett and I recruited political scientist Christina Boyd as a coauthor to mine our Chevron in the circuit courts dataset in a more sophisticated manner. We just posted to SSRN a draft of our latest article from this dataset—Administrative Law’s Political Dynamics—which is forthcoming in the Vanderbilt Law Review. I’ll be blogging more about this […]

Everything You Always Wanted to Know About the Chevron Doctrine, by Dan Farber

by Guest Blogger — Monday, Oct. 23, 2017

This doctrine, formerly known only to specialists, will play a large role under Trump. During the Gorsuch nomination, there was a lot of talk in the press about the Chevron doctrine. Most people have never heard of this doctrine, and only a few are aware of all the nuances. As the Trump Administration’s rulemaking efforts come before […]

Will the Supreme Court Revisit Deference Doctrines This Term?

by Jennifer Mascott — Friday, Oct. 6, 2017@jennmascott

Yesterday in his Supreme Court Relist Watch, John Elwood highlighted the Supreme Court’s unusual action this past summer on a cert petition regarding Chevron deference. Mr. Elwood observed that the Supreme Court relisted—again— Scenic America, Inc. v. Department of Transportation, 16-739, which garnered attention this summer when the court called for a reply . . […]

Does Auer/Chevron Deference Apply to State Agency Interpretations of Federal Law?

by Chris Walker — Thursday, Sept. 21, 2017@chris_j_walker

In Grand Canyon Trust v. Energy Fuels Resources (U.S.A.) Inc., Judge Waddoups of the U.S. District Court for the District of Utah concluded that a state agency is entitled to “some deference” as to an interpretation by the Utah Department of Air Quality (DAQ) of the Clean Air Act and its implementing regulations. Here’s the key part […]

A Status Update on Criticisms of Auer and Chevron Deference

by Chris Walker — Monday, Sept. 11, 2017@chris_j_walker

Back in April the Georgetown Center for the Constitution and the Institute for Justice organized a terrific conference entitled Challenging Administrative Power. The Georgetown Journal of Law and Public Policy generously agreed to publish the papers presented at the conference, and that conference issue is forthcoming early next year. For my short conference contribution, I decided […]