Tag Archives: rule of lenity

Should Courts Defer to Administrative Interpretations of Criminal Law?

by Chris Walker — Tuesday, Nov. 11, 2014@chris_j_walker

Yesterday in a short statement respecting the denial of certiorari in Whitman v. United States, Justice Scalia — joined by Justice Thomas — raised an interesting question about whether “a court owe[s] deference to an executive agency’s interpretation of a law that contemplates both criminal and administrative enforcement.”  Here are some highlights (citations omitted): I doubt the […]