The Supreme Court’s review of the Chevron doctrine in City...
The Supreme Court’s review of the Chevron doctrine in City of Arlington, Texas, v. FCC is “one of the most important administrative law cases of the last quarter-century” and the right decision by the court could help stanch a flood…
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of overregulation by the federal government, said Free State Foundation President Randolph May in an editorial in The Washington Times (http://xrl.us/bn8byd). “Suppose the question ... is whether an agency possesses any authority at all to regulate the entities it claims are subject to its statutory jurisdiction. Should a reviewing court defer to the agency’s own interpretation of its jurisdiction? This is the question the court will decide in City of Arlington. Both logic and separation of powers principles should dictate that Chevron deference doesn’t apply in this situation. As a logical matter, Chevron deference can only apply to an agency’s decision if Congress has, in fact, delegated the agency authority over the matter. As the Supreme Court has made clear in post-Chevron decisions, the deference framework is not applicable unless Congress actually intended to delegate interpretative authority to the agency.”