Attacking Auer and Chevron Deference: A Literature Review

20 Pages Posted: 7 Sep 2017 Last revised: 11 Mar 2018

Date Written: September 4, 2017


In recent years, there has been a growing call to eliminate — or at least narrow — administrative law’s judicial deference doctrines regarding agency interpretations of law. As part of the Challenging Administrative Power Symposium sponsored by the Georgetown Center for the Constitution and the Institute for Justice, this Article surveys the key arguments against Auer and Chevron deference that have emerged in recent years. In so doing, the Article seeks to help judges, legislators, litigants, and scholars focus their calls for reforming how courts review agency interpretations of law

Keywords: administrative law, Chevron deference, Auer deference, separation of powers, Administrative Procedure Act

Suggested Citation

Walker, Christopher J., Attacking Auer and Chevron Deference: A Literature Review (September 4, 2017). Georgetown Journal of Law & Public Policy, Vol. 16, pp. 103-122, 2018, Ohio State Public Law Working Paper No. 408, Available at SSRN:

Christopher J. Walker (Contact Author)

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States


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