Chevron's Demise Would Check Administrative State's Growth

The Supreme Court has placed the notorious Chevron deference doctrine on a death watch. It's demise, if it comes to pass, bodes ill for further unchecked expansion of the administrative state.

Under the Chevron doctrine, if courts determine that a statute administered by a federal agency is ambiguous, they must defer to any agency interpretation of the statute that is reasonable. Indeed, as the Court put it in Chevron U.S.A., Inc. v. Natural Resources Defense Council (1984) nearly four decades ago, courts are to accord not just mere deference, but "controlling weight" to agency decisions interpreting ambiguous statutory provisions.

 

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