Law360 (June 29, 2018, 4:02 PM EDT) -- This past month was an exciting one at the U.S. Supreme Court. Several long-awaited decisions were handed down, including those ruling on partisan gerrymandering, state sales tax and warrantless cell-site data searches.
Not to be lost in this hubbub, though, was the reveal of another justice’s thoughts on Chevron deference, the 34-year-old doctrine first announced in Chevron USA Inc. v. NRDC that requires federal courts to defer to an administrative agency’s “reasonable” interpretation of an ambiguous statute. Justice Anthony Kennedy recently announced his concurring opinion in Periera v. Sessions to express doubt about Chevron’s continued viability — and then, less than...
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