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Chevron Doctrine

Administrative Law

What VanDerStok Says about Agency Interpretations of Statutes

The Court's opinion upholding federal regulation of "ghost guns" makes passing reference to Loper Bright Enterprises.

Jonathan H. Adler |The Volokh Conspiracy | 3.27.2025 2:37 PM

Supreme Court building | ID 79785961 © W.scott Mcgill | Dreamstime.com

Supreme Court

The FCC and Its Private Taxman Go to Court

FCC v. Consumers’ Research could dismantle a massive slush fund run by unelected regulators and industry insiders.

Brent Skorup and Charles Brandt | 3.7.2025 4:25 PM

Donald Trump appears by video link at his sentencing in New York | Brendan McDermid/UPI/Newscom

Donald Trump

Trump's Latest Defeat Is One of Many Decisions That Suggest SCOTUS Won't Rubber-Stamp His Agenda

Despite some notable wins, the president-elect's overall track record shows he cannot count on a conservative Supreme Court to side with him.

Jacob Sullum | 1.10.2025 4:10 PM

A space shuttle takes off against a blue sky | A previous version of this was published on X https://x.com/JeffGreason/status/1860439949100896479

Space

Five Executive Orders To Unleash Markets in Space

Simple policy changes can unleash innovation, remove barriers, and secure U.S. dominance in the final frontier.

Jeffrey Greason | 12.6.2024 1:40 PM

FCC Commissioner Brendan Carr at a Senate hearing | CNP/Picture Alliance/Consolidated News Photos/Newscom

FCC

The New FCC Chairman's Agenda Contradicts Conservative Principles

Brendan Carr’s plans for "reining in Big Tech" are a threat to limited government, free speech, free markets, and the rule of law.

Jacob Sullum | 11.20.2024 12:01 AM

Donald Trump at a Florida town hall | Guille Briceno/imageSPACE/Mega/CFSAN/Newscom

Supreme Court

During Trump's Second Term, the Supreme Court's Critics Will Be Grateful for Its Restraining Influence

The justices, including Trump's nominees, have shown they are willing to defy his will when they think the law requires it.

Jacob Sullum | 11.7.2024 3:50 PM

Chevron Doctrine

Justice Kavanaugh Warns Against Over-Reading Loper Bright Decision

The Court's decision to overturn Chevron should be seen as more of a "course correction" than a revolution. (Updated with Video.)

Jonathan H. Adler |The Volokh Conspiracy | 9.27.2024 8:35 AM

An illustration of a Polar Bar and the Chevon logo | Illustration: Joanna Andreasson; Source images: Chevron, Natural Resources Defense Council

Big Government

The Supreme Court Reined in Federal Regulators. What Happens Now?

The Court this year reversed Chevron, a decades-old precedent giving bureaucrats deference over judges when the law is ambiguous.

Peter Suderman | 9.10.2024 6:00 AM

Alexander Shulgin in 2014 | Scott Houston/Polaris/Newscom

DEA

The DEA Wants To Ban Scientifically 'Crucial' Psychedelics Because People Might Use Them

The agency claims DOI and DOC have "a high potential for abuse" because they resemble other drugs it has placed in Schedule I.

Jacob Sullum | 7.23.2024 5:05 PM

Administrative Law

From "Deference" to "Respect" - The Real Import of Loper Bright

The decision to overturn Chevron removes an agency trump card, but does not instruct courts to ignore agency opinions--and they won't.

Jonathan H. Adler |The Volokh Conspiracy | 7.3.2024 1:36 PM

Supreme Court Justice Neil Gorsuch | Jabin Botsford/Zuma Press/Newscom

Executive Power

Two SCOTUS Cases Show How an Unaccountable Administrative State Hurts 'Ordinary People'

Contrary to progressive criticism, curtailing bureaucratic power is not about protecting "the wealthy and powerful."

Jacob Sullum | 7.3.2024 12:01 AM

The U.S. Supreme Court building | Aaron Schwartz / Xinhua News Agency/Newscom

Supreme Court

The Supreme Court Didn't Destroy the Regulatory State. It Stood Up for Due Process.

Justice Ketanji Brown Jackson says these cases will "devastate" the regulatory state. Good.

Eric Boehm | 7.2.2024 4:00 PM

The Supreme Court of the United States | Aashish Kiphayet/Sipa USA/Newscom

Immigration

Why the End of Chevron Could Be a Win for Immigrants

“Immigration is an area of the law where the partisan alignments break down over Chevron.”

Fiona Harrigan | 7.2.2024 2:55 PM

Chevron Doctrine

Understanding Chevron's Death

Will Baude |The Volokh Conspiracy | 6.28.2024 12:50 PM

herrings | 16:9clue/Flickr

Executive Power

SCOTUS Repudiates Doctrine That Gave Agencies a License To Invent Their Own Authority

The Court says Chevron deference allows bureaucrats to usurp a judicial function, creating "an eternal fog of uncertainty" about what the law allows or requires.

Jacob Sullum | 6.28.2024 12:50 PM

The U.S. Supreme Court | Photo 81937138 © Steven Frame | Dreamstime.com

Supreme Court

The Supreme Court May Be on the Brink of Radically Restricting Bureaucrats' Power

Chevron deference, a doctrine created by the Court in 1984, gives federal agencies wide latitude in interpreting the meaning of various laws. But the justices may overturn that.

Veronique de Rugy | 6.20.2024 2:34 AM

'La carne contesa' etching by Jan le Ducq | Photo: BTEU/RKMLGE/Alamy

Supreme Court

SCOTUS Takes on Chevron Deference

New Jersey fishermen are challenging a 40-year-old precedent that gives executive agencies too much power.

Peter Suderman | 3.7.2024 6:00 AM

Supreme Court

Did Justice Jackson Disclose the Outcome in Relentless and Loper-Bright? (UPDATED)

Did we get a hint to the outcome in one of this term's bigger cases at today's oral argument?

Jonathan H. Adler |The Volokh Conspiracy | 2.20.2024 6:09 PM

Chevron Doctrine

Whether Chevron Stands or Falls, Any Deference Should Be Based Upon Delegation, Not Ambiguity

Some thoughts on the most important issue in Relentless and Loper Bright.

Jonathan H. Adler |The Volokh Conspiracy | 2.3.2024 2:29 PM

Supreme Court Justice Neil Gorsuch | CNP/AdMedia/Newscom

Supreme Court

SCOTUS Ponders the Ambiguity of 'Ambiguous' and Other Chevron Doctrine Puzzles

The justices seem inclined to revise or ditch a 1984 precedent that requires deference to executive agencies' statutory interpretations.

Jacob Sullum | 1.18.2024 3:30 PM

herrings | 16:9clue/Flickr

Separation of Powers

The Chevron Doctrine Discomfits the Weak

Excessive judicial deference gives administrative agencies a license to rewrite the law in their favor.

Jacob Sullum | 1.17.2024 12:01 AM

Supreme Court

Video of Federalist Society "Seat at the Sitting" Panel on Upcoming Supreme Court Cases

The panel covered many cases and featured views many would not expect at a Fed Soc event.

Ilya Somin |The Volokh Conspiracy | 1.4.2024 8:43 PM

Law & Government

Chevron and Public Rights

An interesting point from Ilan Wurman.

Will Baude |The Volokh Conspiracy | 7.31.2023 8:36 AM

Supreme Court | Rod Lamkey - CNP/Newscom

Supreme Court

Supreme Court Could Rein In Administrative State With New Case

Plus: Divides over misinformation, on free markets and social justice, and more…

Elizabeth Nolan Brown | 5.2.2023 9:30 AM

Supreme Court

Has the Supreme Court Put Chevron in the Crosshairs?

One of today's two cert grants comes in a case asking the justices to reconsider Chevron v. NRDC.

Jonathan H. Adler |The Volokh Conspiracy | 5.1.2023 12:05 PM

Chevron | Chevron.

Administrative Law

Ending Chevron Deference in the States

While the US Supreme Court continues to require judges to defer to administrative agencies' interpretations of law in many situations, numerous states have abolished or severely curbed such deference. The results should temper both hopes and fears associated with ending judicial deference to agencies.

Ilya Somin |The Volokh Conspiracy | 3.28.2023 10:30 AM

Gigi Sohn at her Senate nomination hearing. | Rod Lamkey - CNP/picture alliance / Consolidated News Photos/Newscom

Biden Administration

How Today's Skeptical Supreme Court Could Block Net Neutrality Rules

Attempts to reclassify ISPs as common carriers are unsupported by law.

David McGarry | 2.24.2023 4:40 PM

Brett Kavanaugh

Justice Kavanaugh on Major Questions, Chevron, and US News Rankings

Associate Justice Brett Kavanaugh addressed questions on a range of questions at a recent Notre Dame symposium.

Jonathan H. Adler |The Volokh Conspiracy | 1.26.2023 7:47 PM

A rifle with a bump stock | Slide Fire Solutions

Gun Control

The 5th Circuit Says the ATF Exceeded Its Legal Authority When It Banned Bump Stocks

The decision defends the separation of powers and the rule of law against an attempt to prohibit firearm accessories by administrative fiat.

Jacob Sullum | 1.9.2023 4:05 PM

Guns

En Banc Fifth Circuit Denies Chevron Deference to ATF in Bump Stock Case

A majority of judges concluded the plain language of the statute does not apply to bump stocks, but they also would have denied Chevron deference had they found the statute ambiguous.

Jonathan H. Adler |The Volokh Conspiracy | 1.6.2023 9:06 PM

Administrative Law

Ohio Supreme Court Rejects Deference to Agency Statutory Interpretations

A new opinion concludes Ohio courts need not defer to agency interpretations. The justices are not unanimous, but no justice writes in favor of deference.

Jonathan H. Adler |The Volokh Conspiracy | 12.29.2022 10:34 AM

Supreme Court

Will Chevron Get the Lemon Treatment?

The Supreme Court proclaimed this term that the Lemon test had been abandoned. Is this what is in story for Chevron?

Jonathan H. Adler |The Volokh Conspiracy | 7.10.2022 1:34 PM

Supreme Court

Supreme Court Decides Major Chevron Case Without Citing Chevron

American Hospital Association v. Becerra is another indication that lower courts are too quick to give agencies Chevron deference.

Jonathan H. Adler |The Volokh Conspiracy | 6.15.2022 2:34 PM

Supreme Court

Supreme Court Declines to Consider Chevron Deference Because Government Did Not Ask It To (Updated)

An interesting administrative law tidbit in one of today's Supreme Court decisions.

Jonathan H. Adler |The Volokh Conspiracy | 6.25.2021 1:27 PM

cannabis-leaves-20-MIS-Photography | MIS Photography

Marijuana

The 9th Circuit Considers Whether the DEA's Classification of Marijuana Violates Federalism and the Separation of Powers

The puzzle of marijuana's Schedule I status invites a reconsideration of the agency's vast discretion to decide which substances should be prohibited.

Jacob Sullum | 6.10.2021 2:50 PM

Eviction Moratorium | NA

Nondelegation

Yet Another Federal Court Rules Against the CDC Eviction Moratorium

This ruling has some distinctive elements, and may have a broader impact than previous decisions.

Ilya Somin |The Volokh Conspiracy | 5.5.2021 5:01 PM

A rifle with a bump stock | Slide Fire Solutions

Separation of Powers

The Bump Stock Ban Highlights the Danger of Letting Bureaucrats Invent Crimes

A federal appeals court rejects a highly implausible redefinition of machine guns.

Jacob Sullum | 3.31.2021 12:01 AM

Administrative Law

Divided Sixth Circuit Panel Rejects Chevron Deference for Interpretation of Criminal Statute

A long awaited decision in a challenge to the Trump Administration's "bump stock" ban tees up some interesting questions for the High Court's review.

Jonathan H. Adler |The Volokh Conspiracy | 3.25.2021 4:02 PM

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