In previous posts I have set out reasons to doubt the prospects for the continued longevity of Chevron deference but I have also explained why these reasons for doubt should be not be over-stated. In this post, I outline the principal arguments of the anti-Chevron advocates, with particular reference to the opinion of then-Judge Gorsuch […] Read more

In a previous post I laid out some of the reasons to doubt the likely continued vitality of Chevron deference. In this post, however, I develop some doubts about those doubts. First, Kennedy J’s reasons in Pereira do not lend themselves to an unequivocal anti-Chevron reading. Although he suggested the “premises” underlying Chevron could be […] Read more

Doubts are gathering about the future of Chevron deference in the United States. Under sustained attack from the forces of judicial supremacy on matters of legal interpretation and shorn of some of its strongest defenders, Chevron seems to be on the ropes. In this post, I will lay out some of the signs of doubt […] Read more

The UK Supreme Court’s decision in R (Gallaher Group Ltd) v Competition and Markets Authority [2019] AC 96 has already spawned a large literature (for open-access commentary, see e.g. Mark Elliott and Joanna Bell). I noted the case when it was decided last summer but did not have much to say, treating it, first, as […] Read more