1、CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Deference and its Discontents: Will the Supreme Court Overrule Chevron? October 11, 2018 Less than a week before announcing his retirement, Justice Anthony Kennedy called for the Supreme Court to “reconsi
2、der” the seminal administrative law doctrine known as Chevron deference in a concurring opinion in Pereira v. Sessions. The doctrine, established by the Courts opinion in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., instructs that when reviewing certain agency interpretations of
3、statutes, courts should defer to the agencys construction if the statute is ambiguous and the agencys construction is reasonable. Some members of the Courtnamely, Justices Clarence Thomas and Neil Gorsuchhave called for reconsideration of Chevron. In addition, the newest Justice, Brett Kavanaugh, wa
4、s a leading critic of the doctrine during his tenure on the U.S. Court of Appeals for the D.C. Circuit. The selection of Justice Kavanaugh has led commentators to question whether the Court might reconsider Chevron in the near future. As the Supreme Courts new term began this month, the Court confro
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