What Kind of Agency Rule Drafter Doesn’t Know About Chevron?
Now that I have finished clerking and am back in the scholarly trenches, I’m trying to catch up on a year’s worth of administrative law scholarship. (Why, you ask, didn’t I read more law review articles during my clerkship? Because no one at the Supreme Court reads law review articles anymore. *) And the first article I picked up this morning – in hard copy, no less – was our own Chris Walker’s Inside Agency Statutory Interpretation. I read the piece in draft form long ago but decided to give the final version a read. It’s great. But one of the survey results threw me for a loop. According to Chris, 6% of agency rule drafters have never heard of Chevron. Chevron! Surely the most discussed administrative law case of all time! I can’t even buy gas without thinking about agency deference! I can understand, I suppose, that many agency rule drafters haven’t heard of the Rule of Lenity (which, if I’m reading Figure 1 correctly, is true for 64% of them). Perhaps they don’t do anything with any connection to criminal law. But Chevron? I hope they just misunderstood the question.
* I’m kidding, of course; lots of people read law review articles at the Supreme Court. But this year, for some reason, Justice Thomas hoarded all of the administrative law articles, so no one else got to review them! (I’m kidding about that too.)