Abstract

http://ssrn.com/abstract=906658
 
 

Citations (11)



 
 

Footnotes (58)



 


 



Do Judges Make Regulatory Policy? An Empirical Investigation of 'Chevron'


Thomas J. Miles


University of Chicago - Law School

Cass R. Sunstein


Harvard Law School


University of Chicago Law Review, Vol. 73, Summer 2006
U Chicago Law & Economics, Olin Working Paper No. 294

Abstract:     
In the last quarter-century, the Supreme Court has legitimated agency authority to interpret regulatory legislation, above all in Chevron U.S.A., Inc v Natural Resources Defense Council, Inc, the most-cited case in modern public law. Chevron recognizes that the resolution of statutory ambiguities often requires judgments of policy; its call for judicial deference to reasonable interpretations was widely expected to have eliminated the role of policy judgments in judicial review of agency interpretations of law. But this expectation has not been realized. On the Supreme Court, conservative justices vote to validate agency decisions less often than liberal justices. Moreover, the most conservative members of the Supreme Court show significantly increased validation of agency interpretations after President Bush succeeded President Clinton, and the least conservative members of the Court show significantly decreased validation rates in the same period. In a similar vein, the most conservative members of the Court are less likely to validate liberal agency interpretations than conservative ones and the least conservative members of the Court show the opposite pattern.

Similar patterns can be found on federal appellate courts. In lower court decisions involving the EPA and the NLRB from 1990 to 2004, Republican appointees demonstrated a greater willingness to invalidate liberal agency decisions and those of Democratic administrations. These differences are greatly amplified when Republican appointees sit with two Republican appointees and when Democratic appointees sit with two Democratic appointees.

Number of Pages in PDF File: 56

Keywords: Chevron, Supreme Court, regulation

Accepted Paper Series


Download This Paper

Date posted: June 6, 2006  

Suggested Citation

Miles, Thomas J. and Sunstein, Cass R., Do Judges Make Regulatory Policy? An Empirical Investigation of 'Chevron'. University of Chicago Law Review, Vol. 73, Summer 2006; U Chicago Law & Economics, Olin Working Paper No. 294. Available at SSRN: http://ssrn.com/abstract=906658

Contact Information

Thomas J. Miles
University of Chicago - Law School ( email )
1111 E. 60th St.
Chicago, IL 60637
United States
Cass R. Sunstein (Contact Author)
Harvard Law School ( email )
1575 Massachusetts Ave
Areeda Hall 225
Cambridge, MA 02138
United States
617-496-2291 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 4,161
Downloads: 685
Download Rank: 19,813
Citations:  11
Footnotes:  58

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.344 seconds