Attacking Auer and Chevron Deference: A Literature Review

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