The Rise and Fall of Chevron – John O. McGinnis

The most important and frequently cited case in administrative law is Chevron v. NRDC .

This year the Court is likely either to overrule it directly or hollow it out significantly.

The rise and fall of Chevron is a fascinating story both jurisprudentially and for me personally.

In Chevron decision, Justice Stephens said courts should defer to agency interpretation of a statute unless Congress had a specific intent on the matter.

But on the other hand, Stephens accepted to some degree that the stuff of law was policymaking.

The Supreme Court has not cited Chevron to defer to an agency since 2016 .

Their era can be identified not only by the issues they address and the decisions they hand down, but by their distinctive methodologies. And that high-level jurisprudence sometimes reaches down and decides concrete cases. Such was the case with Chevron and so it will be with the case that tolls its demise..