Abstract. The Administrative Procedure Act’s standard-of-review provision instructs reviewing courts to “decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action,” and to set aside agency …

Abstract. In our contribution to this Chevron on Trial Symposium, we argue that the Supreme Court should not overrule Chevron in Loper Bright Enterprises v. Raimondo and its companion case Relentless v. Department of Commerce. We based our argument largely on statutory stare decisis …

Abstract. This Symposium contribution will offer a prediction: If Loper Bright Enterprises v. Raimondo overrules or ousts Chevron, the decision may have less practical effect in the lower courts than we might expect. In most cases, reviewing courts will continue to ask whether the relevant …

Abstract. In 1984, a unanimous Supreme Court agreed that “it matters not” for judicial purposes why Congress did not elaborate on some specific question of implementation; the Court will leave the resolution to reasonable agency interpretation so long as the question is within the scope of the …

Abstract. Chevron U.S.A. Inc. v. Natural Resource Defense Council, Inc. is frequently discussed in general terms without sufficient attention to the specifics of the case, including the relevant statutes, the regulations being reviewed, and the arguments that the parties presented and failed to …

The Supreme Court’s upcoming confrontation with the Chevron doctrine invites an audit: how have Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc.’s rationales developed since 1984, and how might they endure after 2024? This Article focuses on Chevron’s expertise rationale …

The Supreme Court is coming for the administrative state. Across a variety of doctrines, the Court has narrowed the administrative state’s operating space. It has imposed limits on how agencies may be structured, how they may be staffed, and the types of authority they may exercise. And now, in …

Abstract. Federal courts defer to federal agencies’ expertise when reviewing those agencies’ statutory interpretations. But “agency expertise” has become a catch-all term in the caselaw for several kinds of agency knowledge. A good amount of that knowledge is irrelevant to the job of statutory …

Abstract. Loper Bright Enterprises v. Raimondo has left administrative lawyers agog: Could the Supreme Court really reverse the “goliath” known as Chevron deference? For those who study the Court’s interpretive landscape more broadly, however, Chevron reversal may not be as unexpected as …

The Supreme Court faces a real dilemma in Loper Bright Enterprises v. Raimondo, in which the Court will explicitly consider whether to overrule Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. The dilemma is decades in the making and arises from the interplay of large structural …

Abstract. In two upcoming cases, the Supreme Court will consider whether to overturn the Chevron doctrine, which, since 1984, has required courts to defer to reasonable agency interpretations of otherwise ambiguous statutes. In this Article, I will defend the proposition that, even at death’s …

Abstract. The Supreme Court, in Mu’Min v. Virginia, 500 U.S. 415 (1991), left open the question of when pretrial publicity becomes so extensive that a trial court must allow the criminal defendant to ask venirepersons the content of the pretrial publicity they consumed. The Court alluded, without…

Abstract. There is a disturbing trend of federal agencies assessing fees to be paid by taxpayers via administrative rulemaking. This unconstitutional arrangement leaves Americans in danger of taxation without representation—the very peril the Origination Clause was designed to prevent. This …