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17 Jan 2024, 5:04 am by Guest Author
The parties’ briefing in Loper Bright and Relentless[1] has utterly ignored statutory sections—and one section in particular—that are crucial for understanding both why the government should lose these cases and, more importantly, why the Chevron doctrine[2] cannot and should not survive in an era of textualism. [read post]
9 Aug 2023, 2:06 am by Jami Schultz, Canon U.S.A.
* Data is from a survey commissioned by Canon U.S.A., Inc., and conducted by OnePoll from September 21 to October 13, 2022, with a panel of 2,002 employed Americans, including 1,018 hybrid workers. [read post]
2 Nov 2022, 11:43 am by John Elwood
McDonough, 21-972Issues: (1) Whether the doctrine of Chevron U.S.A., Inc. v. [read post]
26 Oct 2022, 7:59 am by John Elwood
McDonough, 21-972Issues: (1) Whether the doctrine of Chevron U.S.A., Inc. v. [read post]
13 Oct 2022, 6:28 am by John Elwood
McDonough, 21-972Issues: (1) Whether the doctrine of Chevron U.S.A., Inc. v. [read post]
4 Oct 2022, 1:10 pm by John Elwood
McDonough, 21-972Issues: (1) Whether the doctrine of Chevron U.S.A., Inc. v. [read post]
4 Jul 2022, 9:05 pm by John C. Coffee, Jr.
But the concurring opinion of justices Gorsuch and Alito clearly rests on a foundation supplied by the Separation of Powers clause and federalism.[19] They make clear that if the Major Questions doctrine was once an “ambiguity canon,” it is no longer simply that, but instead has become in their view the major protection against intrusion by agencies into the constitutional spheres given to Congress and the states. [read post]
7 Feb 2020, 11:30 am by John Elwood
John Elwood briefly reviews the likely relists. [read post]
22 Jan 2020, 7:40 am by John Elwood
(relisted after the January 10 and January 17 conferences) Arlene’s Flowers, Inc. v. [read post]
14 Jan 2020, 9:07 am by John Elwood
Interested in overruling Chevron U.S.A. v. [read post]
28 Oct 2019, 6:54 am by Jayesh Rathod
Initially, Barton had teed up the question of whether the decisions of the Board of Immigration Appeals in his case and in Matter of Jurado-Delgado, which examined a related question, were entitled to Chevron deference – the notion that, under the 1984 Supreme Court decision in Chevron U.S.A., Inc. v. [read post]
21 Feb 2017, 6:55 am by Kevin Johnson
Applying the Supreme Court’s 1984 decision in Chevron, U.S.A., Inc. v. [read post]
10 Mar 2015, 9:01 pm by Michael C. Dorf
Finding that the statutory language was “subject to at least two different interpretations,” that court went on to apply the familiar rule of administrative law from the case of Chevron U.S.A., Inc. v. [read post]
14 Feb 2014, 12:00 pm by Mary Pat Dwyer
  Hoosier Energy Rural Electric Cooperative, Inc. v. [read post]