Is Chevron Binding Law?, by Randy J. Kozel

Authors

Randy J. Kozel, Notre Dame Law SchoolFollow

Document Type

Response or Comment

Publication Date

12-14-2023

Publication Information

Yale J. on Reg.: Notice & Comment (Dec. 14, 2023), https://www.yalejreg.com/nc/is-chevron-binding-law-by-randy-j-kozel/

Abstract

From the comment:

In a pair of cases set for argument in January, the U.S. Supreme Court has been asked to overrule Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. I’m going to suggest that whether Chevron should be overruled isn’t exactly the right question. That’s because Chevron—at least the part of it that most people are interested in—didn’t make binding law in the first place.

There’s no need to dwell on whether the doctrine of stare decisis permits a departure from Chevron. The real question (and one on which I take no position) is what guidance the Justices should offer to judges faced with complex statutory schemes in spaces regulated by federal agencies.

Recommended Citation

Randy J. Kozel, Is Chevron Binding Law?, by Randy J. Kozel, Yale J. on Reg.: Notice & Comment (Dec. 14, 2023), https://www.yalejreg.com/nc/is-chevron-binding-law-by-randy-j-kozel/.
Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/1699