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
Date Written: April 25, 2018
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
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