Title
Document Type
Working Paper
Publication Date
2021
Disciplines
Administrative Law | Constitutional Law | Law | Rule of Law | Supreme Court of the United States
Abstract
Though increasingly disfavored by the Supreme Court, Chevron remains central to administrative law doctrine. This Article suggests a way for the Court to reformulate the Chevron doctrine without overruling the Chevron decision. Through careful attention to the language of Chevron itself, the Court can honor the decision’s underlying value of harnessing comparative institutional advantage in judicial review, while setting aside a highly selective reading that unduly narrows judicial review. This re-reading would put the Chevron doctrine – and with it, an entire branch of administrative law – on firmer footing.
Recommended Citation
Thomas W. Merrill,
Re-Reading Chevron,
Duke Law Journal, Vol. 70, No. 5, p. 1153, 2021; Columbia Public Law Research Paper No. 14-688
(2021).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/2747
Included in
Administrative Law Commons, Constitutional Law Commons, Rule of Law Commons, Supreme Court of the United States Commons