Chevron Deference: A Two-Part Test for Deference to Government Agencies
Chevron's Two-Part Test
Chevron deference consists of a two-part test that is deferential to government agencies. First, the court considers whether Congress has spoken directly to the precise issue at hand. If Congress has not, the court moves to the second part of the test, which examines whether the agency's interpretation is permissible.
Chevron in the Supreme Court
In Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., the Supreme Court set forth the legal test as to when the court should defer to the agency's answer or interpretation, holding that such deference is appropriate when the statute is ambiguous and the agency's interpretation is reasonable.
Jody Freeman on Chevron's Existential Test
Jody Freeman, a Harvard Law School professor, has identified a key question in a case before the Supreme Court: who decides when laws are not clear? This question goes to the heart of Chevron deference and its applicability in modern law.
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