Document Type
Article
Publication Title
Jotwell
Publication Date
11-30-2023
ISSN
2330-1295
Keywords
Chevron doctrine, presidentialism, federal agencies, policymaking
Disciplines
Administrative Law | Agency | Law
Abstract
The Roberts Court may well overturn the Chevron doctrine this Term, despite the affection for stare decisis that Chief Justice Roberts himself expressed in the related case of Kisor v. Wilkie. Against that backdrop, Professors Jodi Short and Jed Shugerman offer an analysis of why the Court’s major questions doctrine, a predecessor to interring Chevron, is inconsistent with another group of the Court’s opinions, which the authors describe as the Court’s presidentialism.
Their analysis is incisive. While addressed to a Court that has a rather cavalier attitude toward doctrinal coherence, the article’s convincing empirical evidence may encourage the Justices to be more thoughtful as they move into the post-Chevron phase of administrative law. In any event, it will certainly provide observers with insights for continued criticism of the Court, and perhaps provide this Court’s successor with guidance for repairing the damage.
Recommended Citation
Edward L. Rubin,
Major Contradictions at the Roberts Court Jotwell.
(2023)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/1413