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Reckoning with Chevron and everything after.

Authors :
Donahue, Sean H.
Source :
Trends (15339556). Jan/Feb2024, Vol. 55 Issue 3, p8-10. 3p.
Publication Year :
2024

Abstract

The Supreme Court is set to consider whether to overrule the Chevron doctrine in two cases, Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. Chevron holds that courts must defer to federal agency interpretations of statutes if they are not inconsistent with the statute's clear terms and are reasonable. The cases involve a dispute over whether the National Marine Fisheries Service can require commercial fishing vessel owners to pay for monitors to gather data for conservation purposes. The decision to overrule Chevron could have significant implications for American law and government, potentially undermining previous court decisions and casting doubt on Congress's ability to delegate statutory interpretation to expert agencies. The Court may also consider alternative approaches to Chevron, such as a sliding-scale approach to deference or a rigorous applicability test. The major questions doctrine and the doctrine of stare decisis are also relevant to the debate. [Extracted from the article]

Details

Language :
English
ISSN :
15339556
Volume :
55
Issue :
3
Database :
Academic Search Index
Journal :
Trends (15339556)
Publication Type :
Periodical
Accession number :
174723359