Does Chevron Matter?

26 Pages Posted: 8 Sep 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. Although we find that attitudes matter, the fact that we also find support for the legal and jurisprudential regime models undermines the assertion of the attitudinal model that law cannot explain Supreme Court votes on the merits.

Suggested Citation

Richards, Mark J. and Smith, Joseph L. and Kritzer, Herbert M., Does Chevron Matter?. Law & Policy, Vol. 28, No. 4, pp. 444-469, October 2006, Available at SSRN: https://ssrn.com/abstract=928998 or http://dx.doi.org/10.1111/j.1467-9930.2006.00234.x

Mark J. Richards (Contact Author)

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

University of Minnesota Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States

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