Justices Ceded Too Much Power To Agencies, Thomas Says

February 24, 2020

Justice Thomas said the court should revisit an earlier decision granting so-called Chevron deference, under which courts must defer to an agency’s interpretation of its regulations if the underlying statute is ambiguous, as well as his own 2005 opinion in National Cable & Telecommunications Association v. Brand X Internet Services, in which he said if an agency interprets a regulation after the court has already weighed in, the agency’s analysis should reign.

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