Tag Archives: Chevron deference

When Chevron Meets the Hobbs Act: PDR Network v. Carlton & Harris Chiropractic, Inc. (Part II)

by Bernard Bell — Tuesday, Nov. 27, 2018

This is the second post in a three-part series regarding PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., Dkt No. 17-1705 (certiorari granted November 13, 2018).  This post addresses the question the case nominally presents — does the Hobbs Act require district courts to apply FCC regulations, even when the court believes they conflict […]

Review of Peter J. Wallison’s Judicial Fortitude, by Alan B. Morrison

by Guest Blogger — Monday, Oct. 15, 2018

It should come as no surprise that conservatives like Peter J. Wallison, a friend and law school classmate, and now a senior fellow at the American Enterprise Institute, should want to rein in the administrative state. Nor is it remarkable that opponents of regulation, like Wallison, have focused their attention on overturning the Chevron doctrine, […]

Replicating the Seminal Eskridge and Baer SCOTUS Chevron Deference Study

by Chris Walker — Friday, Oct. 5, 2018@chris_j_walker

As regular readers of the blog know, I’m very interested in how Chevron deference plays out on the ground in the federal courts of appeals. Kent Barnett and I spent several years coding eleven years (2003-2013) of all published circuit-court opinions that mention Chevron or Skidmore deference. As for study design, we modeled out approach, […]

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has replaced Judge Reinhardt, the newly constituted panel states that “[t]he Opinions filed July 24, 2018, are hereby withdrawn to allow time for the reconstituted panel to confer on this appeal.”]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 […]