Attacking Auer and Chevron Deference: A Literature Review

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

See all articles by Christopher J. Walker

Christopher J. Walker

Ohio State University (OSU) - Michael E. Moritz College of Law

Date Written: September 4, 2017

Abstract

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 Jay, 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: https://ssrn.com/abstract=3032248

Christopher Jay Walker (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States
614-247-1898 (Phone)

HOME PAGE: http://www.chrisjwalker.com

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