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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5 of 14: When and Why Would Courts Defer to Other Entities? [No. 86]

How does a court decide to give deference to the decisions of an administrative agency? Professor Gary Lawson outlines four possible reasons that a court might defer to an agency. When evaluating a particular court opinion that relies on a previous ... How does a court decide to give deference to the decisions of an administrative agency?

Professor Gary Lawson outlines four possible reasons that a court might defer to an agency. When evaluating a particular court opinion that relies on a previous agency decision, the rationale for the court’s deference needs to be taken in account.

Professor Gary Lawson is the Philip S. Beck Professor at Boston University School of 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.

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