6th Circ. Ruling Marks Volatile Phase For Chevron Deference

By Keith Bradley (March 31, 2021, 5:54 PM EDT) -- The U.S. Court of Appeals for the Sixth Circuit held last week in Gun Owners of America Inc. v. Garland that an agency's interpretation of a criminal statute is not entitled to Chevron deference.[1]

Other courts have said so before, but usually in criminal prosecutions under Title 18, the section of the U.S. Code that deals with most criminal matters. Against that backdrop, the Sixth Circuit's decision is noteworthy. The court gave an extensive analysis rooting this principle in constitutional constraints, and it considers an entire agency regulation to be likely invalid on this basis.[2]

The consequences of the decision could...

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