Is It Time For A Challenge To Chevron Deference?

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[1] 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[2] to express doubt about Chevron’s continued viability — and then, less than...

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