U.S. Supreme Court,
Constitutional Law
Oct. 3, 2018
The constitutional limits of the Chevron deference doctrine
Chevron deference has been a quite controversial doctrine, both on and off the courts. The controversy has encompassed the doctrine’s meaning, its basis, and its constitutionality. My essay speaks to the constitutionality question.
"Chevron deference" refers to a standard of judicial review of the actions of federal administrative agencies announced by the U.S. Supreme Court in Chevron v. Natural Resource Defense Council, 467 U.S. 837 (1984). In that case, the court said that if a congressional enactment is ambiguous, the courts should defer to the interpretation of the statute given by the agency charged with im...
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