Judicial Deference to Agencies’ Decisions in Brazil and the United States
American doctrines of judicial review may provide useful models for Brazilian courts.
Justice Stevens’s Legacy to the Administrative State
The late justice’s opinion in Chevron v. NRDC has greatly shaped judicial reasoning about administrative law.
Deference After Kisor
A recent Supreme Court decision could reshape judicial deference of agency actions.
A Turning Point in the Deference Wars
The Supreme Court preserved agency deference in Kisor v. Wilkie.
How Often Does the Supreme Court Actually Apply Chevron?
The Court applies the Chevron test more often than one influential study suggests.
Overruling Chevron Could Make Congress Great Again
Limiting judicial deference to agencies would strengthen environmental policy and democratic accountability.
The Ambiguity in Judge Kavanaugh’s Chevron Critique
Judge Kavanaugh’s views on Chevron may create more uncertainty than exists under the current doctrine.
Kavanaugh and the Deference Doctrines
Judge Kavanaugh’s past opinions reveal a commitment to clarifying deference rules and increasing predictability.
Judge Kavanaugh’s Activist Vision of Administrative Law
In his D.C. Circuit cases, Judge Kavanaugh tends to disfavor most agency interpretations of statutes.
Judge Kavanaugh, Chevron Deference, and the Supreme Court
If confirmed, Judge Kavanaugh would likely support narrowing Chevron’s scope.
Judge Kavanaugh and Administrative Law
What would Judge Kavanaugh’s confirmation mean for the U.S. Supreme Court’s administrative law decisions?
Shunting Aside Chevron Deference
The Supreme Court’s most recent term suggests that some justices would revise the doctrine of Chevron deference.