Skidmore deference

August 1, 2019|Administrative State, Auer deference, Commerce v. New York, Gundy v. United States, John Roberts, Kisor v. Wilkie, Skidmore deference

Judicial Strategies to Contain the Administrative State

by John O. McGinnis|

U.S. Courthouse for the Southern District of New York in New York City (mariakray / Shutterstock.com).

It is hard to overemphasize the importance of lower court judges in making the most of what the Court has begun this term.

April 3, 2018|Administrative Law, Chevron deference, Federalist Society, Skidmore deference, Whistleblower effects

The Federalist Society’s Chevron Deference Dilemma

by Christopher J. Walker|

Will eliminating Chevron deference result in increased partisan judicial review of agency interpretations of law?

January 5, 2018|Auer deference, Bureaucracy, Chevron deference, expertise, FCC, judicial deference, Justice Robert Jackson, Skidmore deference

Against Skidmore Deference

by Mike Rappaport|

Skidmore deference purports to be about recognizing expertise, but it operates to confer an advantage on agencies.

June 25, 2013|Fisher v. University of Texas, Gratz v. Bollinger, Grutter v. Bollinger, Jennifer Gratz, Skidmore deference

Civil Rights Deference and Dereliction

by Michael S. Greve|

As we all try to keep up with the Supreme Court’s Operation Fast and Furious (And Keep the Best For Last), here’s a dorky but perhaps telling point on yesterday’s civil rights decisions: Two of the cases dealt with employment discrimination—one, with the question of who qualifies as a “supervisor”; the other, with the legal standards that apply to retaliation claims. (Both were 5-4 decisions, with the usual ideological line-up.) In both cases, the statutes at issue are administered by the Equal Employment Opportunity Commission. The EEOC wasn’t a party to the proceedings (it just issued “right to sue” letters), but…

A Mirror of the 20th-Century Congress

by Joseph Postell

Wright undermined the very basis of his local popularity—the decentralized nature of the House—by supporting reforms that gave power to the party leaders.

The Graces of Flannery O'Connor

by Henry T. Edmondson III

O'Connor's correspondence is a goldmine of piercing insight and startling reflections on everything from literature to philosophy to raising peacocks.

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