Document Type
Article
Publication Date
2012
Abstract
Justice Stevens's most famous decision – Chevron U.S.A. Inc. v. NRDC – has come to stand for an institutional choice approach to agency interpretation. But there is no evidence that Justice Stevens shared this understanding. Instead, he followed an equilibrium-preserving approach, which sought to nudge agencies to reconsider decisions the Justice regarded as unreasonable. Although the equilibrium-preserving approach is consistent with what a common law judge would embrace, the institutional choice perspective is probably more consistent with the needs of the modem administrative state, and it appears the Court as a whole is gradually adopting that perspective.
Disciplines
Administrative Law | Constitutional Law | Law
Recommended Citation
Thomas W. Merrill,
Justice Stevens and the Chevron Puzzle,
106
Nw. U. L. Rev.
551
(2012).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/348