Chevron and Public Rights
An interesting point from Ilan Wurman.
Chevron Doctrine
Supreme Court Could Rein In Administrative State With New Case
Plus: Divides over misinformation, on free markets and social justice, and more…
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.
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.
How Today's Skeptical Supreme Court Could Block Net Neutrality Rules
Attempts to reclassify ISPs as common carriers are unsupported by law.
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.
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.
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.
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.
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?
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.
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.
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.
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.
The Bump Stock Ban Highlights the Danger of Letting Bureaucrats Invent Crimes
A federal appeals court rejects a highly implausible redefinition of machine guns.
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.