Zombie Chevron: A Celebration
نویسندگان
چکیده
Chevron, U.S.A., Inc. v. National Resources Defense Council, Inc., the foundation for much of contemporary administrative law, is under siege. Several members Supreme Court have suggested that they would like to overrule it. Under standard principles stare decisis, doing be a serious mistake. Even if Chevron was wrongly decided, overruling it create an upheaval—a large shock legal system, producing great deal confusion, more conflicts in courts appeals, and far greater politicization law. For example: What happen countless regulations been upheld framework? Would newly vulnerable? More fundamentally,, predictable effect ensure role judicial policy preferences statutory interpretation common splits along ideological lines. There also question reliance interests: decades, Congress has legislated against background set by resulting statutes reflect understanding Court’s framework will apply. Though argument unconvincing, its critics legitimate concerns. Those concerns should addressed (1) insisting on fully independent deciding whether statute ambiguous at Step One; (2) invalidating arbitrary or unreasonable agency interpretations Two; (3) deploying canons construction, including those are designed serve nondelegation functions thus cabin executive authority. The result not quite Zombie but close that, most reasonable path forward.
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ژورنال
عنوان ژورنال: Social Science Research Network
سال: 2021
ISSN: ['1556-5068']
DOI: https://doi.org/10.2139/ssrn.3771816