The Supreme Court of the United States (SCOTUS) is reconsidering Chevron deference, a legal doctrine that has allowed federal agencies to interpret ambiguous laws. This potential shift could fundamentally alter the balance of power between courts and federal agencies. Adam White suggests that this decision may usher in a new era of judicial responsibility in statutory interpretation. Legal scholars are debating the implications, with some questioning how judges will manage increased disuniformity in federal law and how courts will handle prior precedents based on Chevron. Additionally, there are concerns about Congress's response to this potential change. Scalia's 2009 explanation of why Chevron deference is necessary for a workable government is relevant today. Scholars have raised four questions about what administrative law might look like in a world without Chevron deference, and some Justices seem amenable to a post-Chevron framework.
Lots to appreciate in here, including: “In other words, for those who feel like Congress has lost its legislative ambition, abandoning Chevron won’t be the cure.” https://t.co/QNlLXIS8xD
My 4 qs: (1) Will judges still strive to say what the law is, instead of what it should be? (2) How will #SCOTUS manage increased disuniformity in federal law? (3) How will courts deal with prior judicial precedents based on Chevron? (4) How will Congress respond, if at all? https://t.co/uXsLtAtykT
Really nice essay by Adam White—and not just because he flagged how a number of Justices at oral argument seemed amenable to a post-Chevron framework I laid out in a 2020 article! 😉 https://t.co/JLvEdY2MvT
SCOTUS is reconsidering Chevron deference, which could fundamentally alter the balance of interpreting laws between courts and federal agencies. Adam White says this decision may lead to a new era of judicial responsibility in statutory interpretation. https://t.co/jrGdZSyZ5n
Over @LawLiberty, I raise four questions (a research agenda of sorts) about what administrative law might look like in a world without Chevron deference: https://t.co/B6K8p2u5d8
Scalia's 2009 explanation of why Chevron deference is necessary for workable government: https://t.co/hmFn4tVuPQ (49:34) Relevant today, given that SCOTUS is apparently considering whether to kill it
[Just Saying] A reawakened Supreme Court? #ThoughtLeaders #Voices https://t.co/efM66zy7JR