Against Skidmore Deference

by Mike Rappaport In my last post, I explained why I oppose both Chevron and Auer deference, which give agencies additional power, undermine the rule of law, and provide bad incentives to agencies. Scholars ...

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Loper Bright —Chevron Needs a Gravestone, Not Another Exception, by Isaiah McKinney

by Isaiah McKinney The Supreme Court recently granted certiorari in Loper Bright Enterprises v. Raimondo, a case where commercial fishers are challenging an agency’s statutory authority to issue a regulation requiring the ...

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