Since the Supreme Court’s 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are “reasonable.” But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Critics of the administrative state also charge that Chevron deference enables unaccountable bureaucratic power.
In The Chevron Doctrine: It's Rise and Fall and the Future of the Administrative State, Columbia University law professor Thomas Merrill reviews the history and immense consequences of the Chevron doctrine and suggests a way forward. Recognizing that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state. Instead, he focuses on what should be the proper relationship between agencies and courts in interpreting laws, given the strengths and weaknesses of these institutions. Courts are better at enforcing the rule of law and constitutional values; agencies have more policy expertise and receive more public input. And, unlike courts, agencies are subject to at least some political discipline. The best solution, Merrill suggests, is not of the either–or variety. Neither executive agencies nor courts alone should pick up the slack of our increasingly ineffectual legislature.
Title:
The Chevron Doctrine
When/Where:
Tuesday, September 20, 2022
4:30 PM - 5:30 PM Eastern Time
Case Western Reserve School of Law
11075 East Blvd. Cleveland, OH 44106
Register Now For This Free Continuing Legal Education Webinar!
Speaker:
One of the most cited legal scholars in the United States, Thomas Merrill teaches and writes about administrative, constitutional, and property law, among other topics. Merrill’s experience in the public and private sectors informs his pedagogy and research. After clerking for Chief Judge David L. Bazelon on the U.S. Court of Appeals for the D.C. Circuit and for Justice Harry A. Blackmun on the U.S. Supreme Court, Merrill was a deputy solicitor general of the U.S. Department of Justice and an associate at the firm of Sidley & Austin LLP, where he also served as counsel for more than 20 years. He has written scholarly articles and several Supreme Court amicus briefs on when and how much weight courts should give administrative interpretations of law in different contexts.
By:
Case Western Reserve University School of Law
Credit:
Free and open to the public.
Register Now For This Free Continuing Legal Education Webinar!
Speaker:
One of the most cited legal scholars in the United States, Thomas Merrill teaches and writes about administrative, constitutional, and property law, among other topics. Merrill’s experience in the public and private sectors informs his pedagogy and research. After clerking for Chief Judge David L. Bazelon on the U.S. Court of Appeals for the D.C. Circuit and for Justice Harry A. Blackmun on the U.S. Supreme Court, Merrill was a deputy solicitor general of the U.S. Department of Justice and an associate at the firm of Sidley & Austin LLP, where he also served as counsel for more than 20 years. He has written scholarly articles and several Supreme Court amicus briefs on when and how much weight courts should give administrative interpretations of law in different contexts.
By:
Case Western Reserve University School of Law
Credit:
- Ohio: 1 hour of CLE credit, pending approval
- Other Jurisdictions: You may be able to self-apply to your credit-granting authority.
Free and open to the public.
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