Tag Archives: Chevron deference

Chevron’s Political Dynamics (AdLaw Bridge Series)

by Chris Walker — Friday, June 16, 2017@chris_j_walker

Last July Kent Barnett and I posted a draft of the first paper from our years-long coding project of every publish circuit court decision over an eleven-year period that dealt with Chevron deference. That paper is forthcoming in the Michigan Law Review later this year. I blogged about it here, and Dick Pierce reviewed it over […]

Judge Gorsuch and Chevron Doctrine Part III: The Gutierrez-Brizuela Concurring Opinion, by Asher Steinberg

by Guest Blogger — Wednesday, Mar. 29, 2017

This is part three of a three-part series on Judge Gorsuch. Last summer when I was taking the New York bar, I ran into an acquaintance who was an incoming clerk for one of President Trump’s Supreme Court short-listers. At some point she asked me what a judge I knew was “like,” and I replied that […]

Judge Gorsuch and Chevron Doctrine Part II: The Misuse of Precedent, by Asher Steinberg

by Guest Blogger — Tuesday, Mar. 28, 2017

This is part two of a three-part series on Judge Gorsuch. Does Judge Gorsuch care about precedent? The question might seem like asking if Judge Gorsuch cares about stray kittens – of course he cares about precedent. After reading his administrative-law opinions, though, one can wonder. Padilla-Caldera II In Padilla-Caldera v. Gonzales (“Padilla-Caldera I”), the Tenth […]

Judge Gorsuch and Chevron Doctrine Part I: The Misuse of Fact in De Niz Robles, by Asher Steinberg

by Guest Blogger — Monday, Mar. 27, 2017

This is part one of a three-part series on Judge Gorsuch. In the confirmation questionnaire Judge Gorsuch submitted to the Senate Judiciary Committee, he listed Gutierrez-Brizuela v. Lynch first among the list of the ten most significant cases he has decided. It could hardly be otherwise. His concurring opinion in Gutierrez-Brizuela calling for the Court to […]

More on Justice Scalia’s Doubts About Chevron

by Adam White — Thursday, Nov. 17, 2016

After Justice Scalia’s passing (and even before it), word began to bubble up that he had been seriously rethinking Chevron, given his increasing doubts that the framework was tenable and productive. In the absence of a published opinion, it’s mainly been just the stuff of gossip—although gossip from sufficiently credible sources that I’ve felt confident mentioning it on this […]

The Separation of Powers Restoration Act (in the Age of Trump), by Adrian Vermeule

by Chris Walker — Thursday, Nov. 10, 2016@chris_j_walker

There are apparently swirling rumors that the Trump people, and Republican senators, may agree to enact the Separation of Powers Restoration Act of 2016. The Act, having passed the House, is now before the Senate Judiciary Committee. It instructs courts, inter alia, to “decide de novo all relevant questions of law, including the interpretation of […]

FedSoc Teleforum Tomorrow (Thurs) 3PM on Chevron Deference in the Circuit Courts

by Chris Walker — Wednesday, Oct. 26, 2016@chris_j_walker

[10/31 Update: Apparently we had ninety people on the live teleforum about our study. The Federalist Society has kindly turned the teleforum into a podcast, which is available here. The paper will not be published until next summer, so comments are particularly welcome.] The Federalist Society’s Administrative Law and Regulation Practice Group has graciously organized […]

Deference Doctrines Matter

by Chris Walker — Friday, Aug. 26, 2016@chris_j_walker

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 […]

Federal Agencies as Statutory Drafters (AdLaw Bridge Series)

by Chris Walker — Friday, Aug. 26, 2016@chris_j_walker

I blogged about this project earlier in the year, but I’m excited to report that I finally have a full draft of the article, Legislating in the Shadows, which is forthcoming in the University of Pennsylvania Law Review.  This article documents a previously under-explored yet widespread practice—how agencies confidentially assist Congress in drafting statutes—and then explores […]

The Tenth Circuit vs. Brand X

by Daniel Hemel — Wednesday, Aug. 24, 2016

In the 2005 Brand X decision, the Supreme Court held that “[a] court’s prior judicial construction of a statute trumps an agency construction otherwise entitled to Chevron deference only if the prior court decision holds that its construction follows from the unambiguous terms of the statute.” Nat’l Cable & Telecomms. Ass’n v. Brand X Internet […]