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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3 of 14: Origins of the Chevron Deference Doctrine [No. 86]

Where did Chevron Deference come from and was it considered momentous at the time it was proposed? Professor Christopher Walker briefly outlines the history of the Chevron case and the Supreme Court opinion which has influenced administrative law fo ... Where did Chevron Deference come from and was it considered momentous at the time it was proposed?

Professor Christopher Walker briefly outlines the history of the Chevron case and the Supreme Court opinion which has influenced administrative law for three decades. Professor Walker explains the importance of the law and fact distinction for judicial review purposes and how this has become controversial in recent years.

Christopher J. Walker an Associate Professor of Law (with tenure) at The Ohio State University Moritz College of Law and Director of the Moritz Washington, D.C., Summer Program. Professor Walker’s research focuses primarily on administrative law, regulation, and law and policy at the agency level.

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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.

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