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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...
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