Tag Archives: Chevron deference

Wallach on Chevron Deference and “Muddling Through”

Philip A. Wallach (Brookings Institute) has successfully defended a dissertation entitled Contested Constraints: Regulatory Statutes in America’s Modern Administrative State (Princeton, Sept. 2012).

From the abstract: Continue reading

Fencing Chevron’s Domain: Fox v. Clinton

Those who think the D.C. Circuit’s Chevron jurisprudence is a rubber stamp for agency action should read Tuesday’s Fox v. Clinton decision [pdf].  Judge Edwards’s opinion identifies seven overlapping reasons why the court could not defer to the State Department’s refusal to issue a Certificate of Loss of Nationality to an emigrant seeking to renounce his American citizenship:  Continue reading

Supreme Court Refuses to Defer to IRS Interpretation of a Statute of Limitations

The Supreme Court held yesterday that the IRS has just three years to bring a deficiency action against a taxpayer that reduces its tax liability by overstating basis instead of omitting gross income–not six years as the IRS argued.  Yesterday’s decision in United States v. Home Concrete & Supply effectively overrules the D.C. Circuit’s decision in Continue reading

Judge Ginsburg on the Path of Administrative Law

The latest issue of the Georgetown Journal of Law & Public Policy contains a speech that Judge Ginsburg delivered in 2011 on the work of the D.C. Circuit.
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