Toward the beginning of his tenure on the Supreme Court, Justice Antonin Scalia was one of the strongest advocates of Chevron deference. But as his career progressed, did Justice Scalia’s views on Chevron evolve? Three law professors, Thomas W. Merrill, Chris Walker, and Kristin E. Hickman, discuss Justice Scalia’s opinion of Chevron deference and how its application may have led him to change his mind.
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Related links:
Why is the Chevron Doctrine Still Controversial? [No. 86]
https://youtu.be/M8fBRJ8x-DI
Judicial Deference to Administrative Interpretations of Law
https://scholarship.law.duke.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=3075&context=dlj
Scalia and Gorsuch on Chevron Deference
https://fedsoc.org/commentary/videos/scalia-and-gorsuch-on-chevron-deference
Differing views:
Why Scalia Was Wrong About Chevron
https://fedsoc.org/commentary/fedsoc-blog/why-scalia-was-wrong-about-chevron
Justice Scalia & the Evolution of Chevron Deference
https://fedsoc.org/conferences/second-annual-texas-chapters-conference?#agenda-item-justice-scalia-and-the-evolution-of-chevron-deference
More on Justice Scalia’s Doubts About Chevron
https://www.yalejreg.com/nc/more-on-justice-scalias-doubts-about-chevron/
