Will 'Chevron' Deference Soon Be Gone, Gone, Gone?
Doreen Trujillo, a member of Saul Ewing’s Intellectual Property Practice, authored this article analyzing the state of the “Chevron” deference. According to the article, the deference has been used since 1984 to support an agency's interpretation of a silent or ambiguous statute, even if it means overruling judicial precedent on the issue; however, both Congress and Supreme Court nominee Judge Neil Gorsuch appear to be are critical of this deference. The article explains that two bills, H.R. 5 and H.R. 76, propose amendments to the Administrative Procedures Act (APA), and discusses the likelihood of those bills being passed, eliminating the Chevron deference.
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