A Kennedy Concurrence Fuels Speculation on Chevron's Future—And His
Justice Anthony Kennedy sharply criticized the Chevron doctrine, raising questions about the future of judicial deference to federal agencies, and adding to the buzz in Washington about whether he will stay or leave the court.
June 21, 2018 at 03:22 PM
2 minute read
Justice Anthony Kennedy speaking in 2012 on Capitol Hill about the court's budget. Photo by Diego M. Radzinschi/ALM Chevron Pereira v. United States Chevron Chevron Clarence Thomas Neil Gorsuch
“It seems necessary and appropriate to reconsider, in an appropriate case, the premises that underlie Chevron and how courts have implemented that decision. The proper rules for interpreting statutes and determining agency jurisdiction and substantive agency powers should accord with constitutional separation-of-powers principles and the function and province of the Judiciary.”
Chevron Chevron wrote Joshua Matz Chevron Chevron Kilpatrick Townsend & Stockton Read more: Justices Thomas and Gorsuch Call for Curbs on Federal Agency Power Justices Give Sneak Preview of Coming Debate Over Chevron Doctrine This Gorsuch Ruling Pans Agency Deference. Here's Why It Matters to Business Gorsuch's Criticism of Agency Deference Has Support Among Justices
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