March 01, 2017

Despite attacks on judicial deference, reports of Auer’s demise are premature

Robert V. Percival

Conservative critics of federal regulation are questioning doctrines of judicial deference to agency actions. Now that President Trump has taken office, Congress is moving to roll back regulation and to reverse Chevron deference—the doctrine establishing that reviewing courts should defer to reasonable agency interpretations of ambiguous statutory provisions. Supreme Court nominee Judge Neil Gorsuch is a leading critic of Chevron deference. Gutierrez-Brizuela v. Lynch, 834 F.3d 1142, 1149 (10th Cir. 2016) (Gorsuch, J., concurring).

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