'West Virginia' and 'Chevron': The Supreme Court Cuts Back on Agency Deference
In the West Virginia case, the Supreme Court now formally endorses the "major questions doctrine" label for the "identifiable body of law that has developed over a series of significant cases," says Jonathan D. Brightbill, a partner at Winston & Strawn, and chair of environmental litigation and enforcement.
July 08, 2022 at 05:57 PM
7 minute read
Cases and CourtsThe U.S. Supreme Court's decision in Chevron v. NRDC (1984) is a longstanding source of controversy. Some proponents of the doctrine argue that it facilitates our Constitution's separation of powers. This deference doctrine puts administrative agencies, under the control of our democratically elected president, ahead of unelected judges when interpreting ambiguous statutes to implement policy. Others, including Supreme Court Justice Elena Kagan, endorse broad agency delegation because "members of Congress often don't know enough—and know they don't know enough—to regulate sensibly on an issue."
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