A Possible Limit On High Court 2005 Agency Deference Ruling
Law360 (March 6, 2020, 4:22 PM EST) -- Recently, Justice Clarence Thomas, the author of the U.S. Supreme Court’s 2005 decision in National Cable & Telecommunications Association v. Brand X Internet Services, argued that the decision should be overruled or at least reconsidered.
The Brand X decision held that an agency interpretation of a statute can be eligible for Chevron deference despite a prior conflicting federal appellate court precedent, so long as the prior decision did not hold that the statute clearly or unambiguously precluded the agency interpretation.
This situation is reminiscent of that which occurred regarding another Supreme Court decision on deference to administrative agencies, Auer v. Robbins,...
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