When an administrative decision-maker hears argument but decides a point on another ground, what is the appropriate posture of a reviewing court? Is this a matter of procedural fairness, because it goes to the ability of the parties to make full and complete submissions, or is it a matter of substantive reasonableness, because it goes […] Read more

Andy Grewal had an interesting post on the Notice and Comment blog last week on a D.C. Circuit decision holding that the canon against extraterritorial interpretation of statutes trumps Chevron deference (though also suggesting that if the agency turned its mind to the canon its reasoned position might survive review). Grewal comments, astutely: Yet recent […] Read more