New York Law Journal Publishes Akin Gump Article on the Supreme Court and Deference to Administrative Agencies

New York Law Journal has published the article “The Supreme Court Takes Aim at Deference to Administrative Agencies.” Written by Akin Gump Supreme Court and appellate practice co-head Rex Heinke, litigation partner Douglass Maynard and senior counsel Jessica Weisel, the article examines the Supreme Court’s treatment of statutory interpretation.

The article conducts a review of the Court’s history with granting deference to an administrative agency’s interpretation of its own regulations, which the authors say is now in doubt. Some justices, they note, have expressed hostility toward the so-called Chevron deference, “which requires courts to defer to ‘reasonable’ agency interpretations of statutes.”

Eliminating these rules, however, could be problematic, the authors write, as they play “a major role in any brief centered on statutory and regulatory interpretation.” A new case heard by the Court this term could finally resolve the issue.

To read the full article, please click here.