Coping with Chevron: Justice Gorsuch's Majority and Justice Breyer's Dissent in SAS Institute

36 Yale J. on Reg.: Notice & Comment (Apr. 25, 2018)

4 Pages Posted: 10 May 2018

See all articles by Nicholas Bednar

Nicholas Bednar

Vanderbilt University, Department of Political Science

Date Written: April 25, 2018

Abstract

Neither Justice Breyer nor Justice Gorsuch are fond of the "mandatory," two-step approach to Chevron. Both justices have besmirched Chevron as an affront to judicial independence—an impermissible delegation of interpretive authority to executive agencies. This Post examines the two justices' differing approaches to Chevron in SAS Institute Inc. v. Iancu.

Keywords: Administrative Law, Supreme Court, Chevron, SAS Institute, Patent Law, Inter Partes Review, Patent Trial and Appeal Board

Suggested Citation

Bednar, Nicholas, Coping with Chevron: Justice Gorsuch's Majority and Justice Breyer's Dissent in SAS Institute (April 25, 2018). 36 Yale J. on Reg.: Notice & Comment (Apr. 25, 2018), Available at SSRN: https://ssrn.com/abstract=3169270

Nicholas Bednar (Contact Author)

Vanderbilt University, Department of Political Science ( email )

VU Station B #351817
Nashville, TN 37235-1817
United States

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