Does Chevron Matter?

40 Pages Posted: 6 Jun 2006

See all articles by Mark J. Richards

Mark J. Richards

Grand Valley State University - Department of Political Science

Joseph L. Smith

Grand Valley State University - Department of Political Science

Herbert M. Kritzer

University of Minnesota Law School

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Abstract

In this article we evaluate whether the Supreme Court's much-discussed decision in Chevron v. Natural Resources Defense Council (1984) signaled a lasting difference in how the justices decide administrative law cases by comparing and testing the predictions of three distinct theories of Supreme Court behavior. The legal model predicts an increase in deference to administrative agencies. This prediction is shared by the jurisprudential regime model, which also predicts that the justices evaluate key case factors differently before and after Chevron. The attitudinal model predicts no change in the justices' behavior as a result of Chevron. We find support for the all three models, although the fact that the legal and jurisprudential regime models are supported undermines the assertion of the attitudinal model that law cannot explain Supreme Court votes on the merits.

Note that the published version of this paper is available on Blackwell-Synergy; see http://ssrn.com/abstract=928998.

Keywords: Administrative law, Supreme Court, judicial regimes, deference

JEL Classification: K23

Suggested Citation

Richards, Mark J. and Smith, Joseph L. and Kritzer, Herbert M., Does Chevron Matter?. Law and Policy, Vol 28, No. 4, October 2006, Available at SSRN: https://ssrn.com/abstract=906329

Mark J. Richards

Grand Valley State University - Department of Political Science ( email )

1101 Au Sable Hall
Allendale, MI 49401
United States

Joseph L. Smith

Grand Valley State University - Department of Political Science ( email )

1101 Au Sable Hall
Allendale, MI 49401
United States

Herbert M. Kritzer (Contact Author)

University of Minnesota Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States

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