We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Analysis

Breyer Rushes To Chevron's Defense Amid Gorsuch Attacks

Law360 (April 24, 2018, 7:23 PM EDT) -- When U.S. Supreme Court Justice Neil Gorsuch issued his latest broadside to the well-established doctrine of Chevron deference in SAS v. Iancu on Tuesday, Justice Stephen Breyer refused to let the affront go uncontested, writing that Chevron should be treated as a "rule of thumb" giving federal agencies leeway to interpret ambiguous laws.

Justice Stephen Breyer's dissent in the 5-4 patent case Tuesday represents the first time a sitting member of the court has responded to Justice Neil Gorsuch's repeated attacks on Chevron, one of the...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.