Constitutional Concerns about Chevron [No. 86]

Why are so many different people opposed to Chevron deference? Do they have a legitimate Constitutional basis for these concerns?

Professor Christopher Walker points to recent Chevron debates and some of the most vocal opponents. Professor Walker outlines the two main Constitutional arguments against Chevron deference, and also explains that the Administrative Procedure Act itself makes no allowance for agency deference.

Christopher J. Walker an Associate Professor of Law (with tenure) at The Ohio State University Moritz College of Law and Director of the Moritz Washington, D.C., Summer Program. Professor Walker’s research focuses primarily on administrative law, regulation, and law and policy at the agency level.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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