The End of Deference: The States That Have Rejected Deference, by Daniel M. Ortner

Deference doctrines such as Chevron and Auer continue to receive criticism from members of the judiciary including members of the Supreme Court. In Kisor, the Supreme Court recently considered whether to overturn Auer and stop deferring to administrative interpretations of their own regulations. Supporters of deference to administrative agencies issued dire warnings that without deference … Continue reading The End of Deference: The States That Have Rejected Deference, by Daniel M. Ortner