Deference in a Pandemic

Deference in a Pandemic

As the nation’s struggle to contain COVID-19 continues into the latter half of 2020, Congress is considering a second major stimulus package to stem the flow of financial (and human) suffering across the sinking economy. The first stimulus package—the CARES Act—was...
Skidmore on Skids

Skidmore on Skids

  Indian River County, Florida v. Department of Transportation presents a dangerous case of the D.C. Circuit putting the skids under Skidmore deference. If allowed to stand, the D.C. Circuit’s decision would make Skidmore more deferential than Kisor and Chevron....