Administrative Law and the Courts

Administrative Law and the Courts

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?

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2 of 14: Are ALJ decisions the last word on agency policy? [No. 86]

How much weight is given to a verdict rendered by an administrative law judge? Professor Jennifer Mascott explains that the answer varies from agency to agency. Ultimately, the head of an agency is responsible for agency action and policies, but an A ... How much weight is given to a verdict rendered by an administrative law judge? Professor Jennifer Mascott explains that the answer varies from agency to agency. Ultimately, the head of an agency is responsible for agency action and policies, but an ALJ decision can influence the final outcome of how policy is executed.

Jennifer Mascott is an Assistant Professor of Law at the Antonin Scalia Law School. Professor Mascott writes in the areas of administrative and constitutional law.

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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.

These videos were filmed when Jennifer Mascott was a professor at George Mason University's Antonin Scalia Law School. Her views are entirely her own.

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