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When and how do Courts defer to an agency's interpretation of its own statute? A 1984 landmark case, Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., established what is known as Chevron doctrine, which says that a court must defer to an agency's reasonable interpretation of its own statute. This standard has been used ever since by courts in administrative law cases. Recently, the Chevron doctrine has come into questions not only by academics but by the Supreme Court and other judges. What additional forms of deference do judges use (Auer, Skidmore, etc)? What does the Administrative Procedure Act say about whether courts should defer to agencies? What is the relationship between administrative agencies and Article III judges? Are administrative law judges (ALJs) constitutional?
Professor Kristin Hickman discusses why the Mayo Foundation case is so important. An issue in the case was whether judicial review could apply the Chevron Deference to the Treasury Department, or if Treasury was only subject to a much older alternati
Professor Kristin Hickman discusses why the Mayo Foundation case is so important. An issue in the case was whether judicial review could apply the Chevron Deference to the Treasury Department, or if Treasury was only subject to a much older alternative review process under National Muffler. In the decision for Mayo Foundation, the Justices unanimously decided that the Treasury was subject to the same standards as other administrative agencies, thus rejecting the notion of “tax exceptionalism.”
Professor Kristin E. Hickman is a Distinguished McKnight University Professor and Harlan Albert Rogers Professor in Law at the University of Minnesota Law School.
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
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