Analysis

With Kavanaugh's Nomination, Chevron's Future Looking Grim

Law360, Washington (July 10, 2018, 7:07 PM EDT) -- Confirmation of President Donald Trump’s nominee to the U.S. Supreme Court, D.C. Circuit jurist and conservative all-star Brett Kavanaugh, would spell further trouble for federal agencies and so-called Chevron deference, but experts predict that the pro-regulation judicial doctrine is unlikely to be overturned completely in the near future.

Over his 12 years on the federal appeals court in Washington, Judge Kavanaugh, like Trump’s earlier Supreme Court appointee, Justice Neil Gorsuch, has become an outspoken critic of the Chevron doctrine, which instructs courts to defer to a federal agency’s reasonable reading of an ambiguous law.

In speeches and in law review articles,...

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