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U.S. Supreme Court,
Constitutional Law,
Administrative/Regulatory

Jul. 2, 2018

Debugging Chevron deference

In one of his final opinions before announcing his retirement, Justice Anthony Kennedy called on the U.S. Supreme Court to revisit its doctrine of deferring to agency interpretations of ambiguous statutes.

David DeGroot

161 29th Street
San Francisco , CA 94110-4902

Phone: (415) 218-2360

Email: david@degrootlegal.com

UC Berkeley Boalt Hall

David A. DeGroot is an attorney in San Francisco

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Debugging Chevron deference
Justice Kennedy in 2002. Just days before announcing his retirement, Kennedy asked the Supreme Court to revisit how courts defer to agency interpretations of ambiguous statutes.

OCTOBER 2017 TERM

The age of federal court deference to agency decisions may be coming to an end. In the recent case Pereira v. Sessions, 2018 DJDAR 5953 (June 21, 2018), Justice Anthony Kennedy called on the U.S. Supreme Court to revisit its doctrine of deferring to agency interpretations of ambiguous statutes, first announced in the 1984 decision in Chevron v. NRDC.

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