Abstract
Like vaccinations, voter fraud, guns, taking a knee, and, well, everything, views on Chevron deference have become not just ideologically tinged but ideologically determined. Progressives are Chevron enthusiasts; conservatives are Chevron skeptics. Chevron is under siege, and the battle lines are familiar. Yet, on its face, Chevron is politically neutral. It increases agency power at the expense of judicial power; whether that is politically helpful depends on whether your team controls the White House or if it controls the courts. Furthermore, the current ideological array has not always been the case. When Chevron was decided, the enthusiasts were on the right and the skeptics on the left. So what is going on?
Document Type
Article
Publication Date
10-29-2021
Publisher
Jotwell: The Journal of Things We Like (Lots)
Disciplines
Administrative Law | Law and Politics | Legislation
Recommended Citation
Herz, Michael E., "Chevron Flip-Flops of a Different Sort - Understanding the Shifting Politics of Deference" (2021). Faculty Online Publications. 48.
https://larc.cardozo.yu.edu/faculty-online-pubs/48
