What to Do About Chevron – Nothing
26 Pages Posted: 13 May 2019 Last revised: 17 Dec 2021
Date Written: April 30, 2019
For thirty-five years, doctrinalists have tormented themselves trying to dissect the Supreme Court’s most infamous administrative-law doctrine: Chevron deference. We have asked when and how it applies. At the same time, we have asked whether Chevron should exist at all. In other words, does Chevron have any normative advantages that warrant its continued existence and prolific use? Despite thirty-five years to work out our differences, the academy — and the courts — remain torn on the answers to all of these questions.
Keywords: Courts, Politics, Chevron, Administrative Law
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