Document Type
Article
Publication Date
6-2024
Abstract
The assault on Chevron has not yet been resolved, but it is next to impossible to believe that the sensible Justices of the Court will go any further than to reaffirm that deciding questions of the scope of agency authority is exclusively for judicial resolution (though perhaps with Skidmore-like attention to the views of the agency, so much more familiar with its statutes as a whole). This was the position clearly taken by the Court in 1940, in United States v. American Trucking Ass’ns., and to go beyond it into decision, rather than review, of agency judgments would invite the substitution of judicial judgment for agency judgment — long and so appropriately verboten — and could invite floods of circuit conflicts onto the Court’s already crowded docket, as I noted in Chevron’s wake.
Disciplines
Administrative Law | Constitutional Law | Law
Recommended Citation
Peter L. Strauss,
Rays of Hope for the Administrative State,
Yale J. on Reg. Notice & Comment, June 4, 2024
(2024).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/4816