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Administrative Law & Regulation Practice Group Podcast

This Teleforum explores the foundation for\\xa0Chevron\\xa0deference to agency statutory interpretation, and the implications of that foundation. In particular, it considers whether the Supreme Court\\u2019s justification of\\xa0Chevron\\xa0as deriving from an implicit delegation of interpretive primacy to an agency within the context of taking action with the force of law is justifiable. It also considers whether a better justification is the implicit constraint inherent in Article III of the Constitution that courts should avoid engaging in policy decisionmaking to the extent possible when performing their judicial functions. It goes on to consider the implications of these two different justifications for\\xa0Chevron, potentially addressing the applicability of\\xa0Chevron\\xa0to actions that do not carry the force of law (i.e.\\xa0Chevron\\u2019s step zero),\\xa0Chevron\\u2019s major question exception, the appropriate judicial inquiry at step two of\\xa0Chevron, and perhaps even the extent to which Congress can override the\\xa0Chevron\\xa0doctrine as a canon of statutory interpretation.

Featuring:\\xa0

• Mark Seidenfeld, Patricia A. Dore Professor of Administrative Law,\\xa0Florida State University\\xa0College of Law