Bloomberg Law
July 10, 2018, 1:11 AM UTC

Kavanaugh, Wary of Chevron Rule, Could Flip Administrative Law

Cheryl Bolen
Cheryl Bolen
White House Reporter

Brett Kavanaugh, President Donald Trump’s pick for the Supreme Court, could seek to overturn the landmark administrative law ruling that gives deference to agency expertise, a law professor said.

Conservative scholars have long chafed at the Supreme Court’s 1984 decision in Chevron v. NRDC, which held that a court may not substitute its own interpretation of a statute over a reasonable one by the regulatory agency. For this deference to apply, the court must first find that the statute is ambiguous, and then that the agency interpreted it reasonably.

“He’s on record as saying for major rulemakings, Chevron ...

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