Auer Deference and the Brand X Problem
What's the difference between the plurality's and the (quasi-)dissent's positions? The ability of agencies to overrule court interpretations in the future.
Administrative Law
Auer Deference Survives Supreme Court Review (as the Liberal Justices Rule the Day)
The Court's four liberal justicces joined the majority in all three of today's Supreme Court's decisions
A Troubling Supreme Court Decision on Non-Delegation
Today's ruling in Gundy v. United States allows Congress to delegate to the executive broad power to create new criminal offenses. But there is hope the Court might reconsider Gundy in the future.
Is the Chevron Doctrine Really Such a Problem?
Concern about Chevron Deference Would Be Better Focused on Delegation
Justice Gorsuch Side-Swipes Chevron
In a dissenting opinion, Justice Gorsuch suggests it's a good thing when parties don't rely upon the Chevron doctrine.
Justice Department Asks Court to Narrow Auer Deference
In a just-filed brief, the Trump Administration asks Supreme Court to reduce the degree of deference government agencies receive.
Overturning Chevron Would Not Gut the Administrative State—but It Would Strengthen the Rule of Law
Eliminating judicial deference to administrative agencies' interpretations of federal law would not destroy the administrative state, or even significantly reduce the amount of regulation. But it would have some real benefits, nonetheless.
Is Supreme Court Limiting Chevron's Domain?
The justices show little interest in deferring to agency interpretations.
The Important but Arcane Procedural Issue That Might Upend the Restraining Order Against Defense Distributed
Did the settlement with the distributor of home gun-making hardware and software remove computer files from the United States Munitions List or just temporarily stop treating them as affected munitions?
Judge Kavanaugh and the Administrative State
How will a Justice Kavanaugh approach administrative law cases?
Kavanaugh and Executive Power - the Good, the Bad, and the Overblown
The debate over Judge Kavanaugh's views on executive power actually encompasses four separate issues. On some of them his views bode well for the future, on others not so much.
What Should Libertarians Fear Most from SCOTUS Pick Brett Kavanaugh?: Podcast
Jonathan Adler says he's "supremely qualified," an originalist, and a critic of the administrative state. But he's a cipher when it comes to defendants' rights.
SCOTUS Nominee Brett Kavanaugh Sees Perils of Aggressive Administrative State
Like Neil Gorsuch, the D.C. Circuit judge has criticized Chevron deference for encouraging executive arrogance.
Should Courts Defer to Agency Litigating Positions?
How much deference should amicus briefs and agency advocacy receive from the courts?
Immigration Hardliners Lose Today in an 8-1 Supreme Court Ruling
The ruling also raises questions about the future viability of "Chevron deference."
Does Justice Kennedy Want to Restore Chevron's Domain? (Updated)
Justice Kennedy calls for reconsidering parts of the Court's Chevron jurisprudence.
Justice Kennedy Questions Chevron Deference
In a concurring opinion issued today, the Supreme Court's key swing vote justice expressed serious misgivings about a major Supreme Court precedent requiring courts to defer to executive branch administrative agencies.
When Is Agency Action Final for Purposes of Judicial Review?
In recent decision, judges on the U.S. Court of Appeals for the D.C. Circuit debate the finer points of finality under the Administrative Procedure Act.
