What to Do About Chevron – Nothing

26 Pages Posted: 13 May 2019 Last revised: 17 Dec 2021

See all articles by Nicholas Bednar

Nicholas Bednar

University of Minnesota Law School

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

Suggested Citation

Bednar, Nicholas, What to Do About Chevron – Nothing (April 30, 2019). Vanderbilt Law Review, Vol. 72, 2019, Available at SSRN: https://ssrn.com/abstract=3380667 or http://dx.doi.org/10.2139/ssrn.3380667

Nicholas Bednar (Contact Author)

University of Minnesota Law School ( email )

United States

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