Damien Guedes, et al., vs. ATF, et al. Amicus Brief in Support of Petitioner for Writ of Certiorari

Chevron deference is bad enough on its own, for it unconstitutionally requires judges to abandon their independent judgement and, where the government is a party, requires them to engage in systematic bias in favor of the most powerful of parties. But the D.C. Circuit’s decision expands Chevron deference so that it applies even when agencies disclaim it. Even if one accepts the reasoning underlying Chevron deference, one should reject the D.C. Circuit’s expanded version of this doctrine and thereby unify circuit court approaches to Chevron.

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Justice Gorsuch’s statement of March 2, 2020.