Tag Archives: Chevron deference

DC Circuit Historical Society Event, 6/13 4:30PM: Rearguing Chevron v. NRDC

by Chris Walker — Wednesday, June 5, 2019@chris_j_walker

Next Thursday, June 13th, the Historical Society of the District of Columbia Circuit presents the inaugural Judge Patricia M. Wald Program on Life and Law in the Courts of the D. C. Circuit: In the Case of Statutory Ambiguity, Who Decides? – Chevron Revisited. Here are the details: Date: Thursday, June 13, 2019 Time: 4:30 p.m. […]

Bednar Response to Administrative Law’s Political Dynamics

by Chris Walker — Monday, May 6, 2019@chris_j_walker

Last fall, in the Vanderbilt Law Review, Kent Barnett, Christina Boyd, and I published the latest article from our Chevron in the circuit courts dataset, titled Administrative Law’s Political Dynamics. Here’s the abstract for that paper: Over thirty years ago, the Supreme Court in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. commanded courts to […]

Chevron and FOIA Exemption 3 Statutes

by Bernard Bell — Saturday, Apr. 20, 2019

Summary:  Recently, in Wolk Law Firm v. U.S., — F.Supp.3d —, 2019 WL 1528433 (E.D. Pa. April 9, 2019), a federal district judge held that a passenger cell phone recording of a cockpit was a “cockpit voice and video recorder recording” that the NTSB could withhold from a FOIA requester.  In doing so, the judge […]

Chevron Goes Missing In An Immigration Case. Again.

by Michael Kagan — Tuesday, Mar. 19, 2019@MichaelGKagan

The Supreme Court issued its decision in Nielsen v. Preap today. The words “Chevron” and “defer” do not appear anywhere in any of the opinions. Not in the majority opinion by Justice Alito. Nor in the dissent by Justice Breyer. Nowhere. Nielsen v. Preap (SCOTUSblog page here) is about the interpretation of the mandatory detention […]

New FedSoc Documentary: Chevron: Accidental Landmark

by Chris Walker — Wednesday, Dec. 19, 2018@chris_j_walker

The Federalist Society has produced a cool new documentary on the origins of Chevron deference, with commentary from Tom Merrill (Columbia Law School), C. Boyden Gray (Boyden Gray & Associates), David Doniger (NRDC), Kristin Hickman (University of Minnesota Law School), and me. Here’s the final product: Here are the details on the project: Justice Stevens’s majority opinion in Chevron […]

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 […]