(Originally published by Brookings on August 18, 2022)
Will Chevron deference—where courts defer to reasonable agency interpretations of ambiguous statutes—make it to its fortieth birthday in 2024? Commentators predicted the framework might fall in the Supreme Court’s recently concluded term, some cheering and others fearing such an outcome. But the Court remained quiet on the case, as it has done repeatedly in recent years. This silence could be temporary, however, as the Court may soon decide to hear some cases that tee up the issue.
Agencies look like they are meeting this silence with silence (or a very soft voice about deference) and presumably will continue to do so.
(Continue reading the opinion essay on Brooking’s page here.)