Indian Canon And Chevron Deference Do Not Conflict

Law360 (July 16, 2018, 3:40 PM EDT) -- The Indian canon of construction provides that "statutes are to be construed liberally in favor of the Indians, with ambiguous provisions interpreted to their benefit."[1] Current, there is a split between the federal circuits regarding how this canon interacts with the Chevron principle that courts defer to agency constructions of statutes which they administer. This article will analyze the Indian canon and will demonstrate that there is no inherent conflict between it and the Chevron doctrine.

The History and Scope of the Indian Canon

The Indian canon of construction was first announced by the U.S. Supreme Court in 1832 in a...

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