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Chevron Deference in the Circuit Courts

**This is a previously recorded program, originally recorded on May 25, 2017.
Chevron deference, the doctrine that courts should defer to federal agencies' reasonable interpretations of ambiguous statutes they administer, has been in the legal news of late. President Trump's nominee to the Supreme Court, Judge Neil Gorsuch, has expressed his constitutional concerns with the doctrine, as has Justice Thomas. Republicans in Congress have introduced legislation, the Separation of Powers Restoration Act, that would amend the Administrative Procedure Act to eliminate the doctrine. But does the doctrine really matter? Professor Chris Walker recently co-authored the most comprehensive empirical study to date on how appellate courts have applied Chevron deference. In this brownbag presentation Professor Walker will discuss what his study reveals about how the circuit courts actually use Chevron and how the Chevron framework affects outcomes. He will go on to consider how the proposed legislation or judicial intervention to undo the Chevron framework could impact the role of deference in the courts in the future.
This program was sponsored by the D.C. Bar Administrative Law and Agency Practice Section. Cosponsored by the Courts Lawyers & Administration of Justice Section, the Environment, Energy and Natural Resources Section, the Government Contracts and Litigation Section, the Intellectual Property Law Section, the Law Practice Management Section and the Taxation Section.
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D.C. Bar member price: $40.00

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