Deference

With several key decisions this term, the Supreme Court has shaken up prevailing governing doctrines and produced substantial legal uncertainty.

Loper Bright significantly expands the power of the Supreme Court at the expense of democratic institutions of government.

The Administrative Procedure Act empowers courts—not agencies—to decide a statute’s single best meaning.

An upcoming SCOTUS case provides an opening for greater dispute over the power of regulatory agencies.

Three takeaways follow from the Supreme Court’s recent opinions ignoring Chevron v. NRDC.

Scholar argues that overruling deference to agencies will constrain U.S. government action.

With two Medicare cases, the U.S. Supreme Court may change an important rule on deference to agency decisions.

Deregulatory attacks have twisted a legal concept meant only to restrain extraordinary actions.

A three-way split in Virginia Uranium v. Warren presents conflicting views of preemption.

A recent Supreme Court decision could reshape judicial deference of agency actions.

The Supreme Court preserved agency deference in Kisor v. Wilkie.

Contrary to criticisms, Auer deference does not encourage agencies to self-delegate.