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Chevron Bias

By: Phillip Hamburger

Chevron requires judges to defer to agency interpretations of statutes and justifies this on a theory of statutory authorization for agencies. This Article, however, points to a pair of constitutional questions about the role of judges—questions concerning independent judgment and systemic bias that have not yet been adequately asked, let alone answered.

In NCLA Relentless Case, Supreme Court Overturns Chevron DeferencePress Release >>
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