Chevron and Stare Decisis

Authors

Kent Barnett
Christopher J. Walker, University of Michigan Law SchoolFollow

Document Type

Article

Publication Date

3-2024

Abstract

This Term, in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. U.S. Department of Commerce, the Supreme Court will expressly consider whether to overrule Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc.—a bedrock precedent in administrative law that a reviewing court must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency administers. In our contribution to this Chevron on Trial Symposium, we argue that the Court should decline this invitation because the pull of statutory stare decisis is too strong to overcome.

Comments

Copyright © 2023 The George Mason Law Review. All rights reserved. Reproduced with permission.

Recommended Citation

Barnett, Kent and Christopher J. Walker. "Chevron and Stare Decisis." George Mason Law Review 31, no. 2 (2024): 475-497.