Given the continuing discussion about the Supreme Court’s decision to overrule Chevron in Loper Bright Enterprises v. Raimondo, we thought that a review of the decision (and its limits) is in order. The Loper Bright decision The 6-3 decision written by Chief Justice Roberts launched a full-throated attack on deference to administrative agencies: “Chevron gravely … Continue Reading
Courtesy of Judges Boggs and Sutton, the recent immigration appeal Esquivel-Quintana v. Lynch (No. 15-3101) provides an excellent view of a developing doctrine. Courts grant Chevron deference to reasonable agency interpretations of ambiguous civil statutes, but do not defer to agency interpretations of criminal statutes. But what about statutes that have both criminal and civil … Continue Reading
