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Bringing Deference Back (But For How Long?), Stephen M. Johnson
Bringing Deference Back (But For How Long?), Stephen M. Johnson
Articles
For most of the past decade, the Supreme Court seemed to be gradually eroding the deference accorded to administrative agencies. In Christensen v. Harris County and United States v. Mead Corp. the Court refused to accord Chevron deference to agencies' interpretations of statutes when the agencies adopted those interpretations through informal procedures. The trend appeared to continue when the Court refused to accord Chevron deference to tobacco regulations adopted by the Food and Drug Administration in FDA v. Brown & Williamson Tobacco Corp. or to controlled substance regulations adopted by the Attorney General in Gonzales v. Oregon. In addition, …
Good Guidance, Good Grief!, Stephen M. Johnson
Good Guidance, Good Grief!, Stephen M. Johnson
Articles
This article examines the problems created by the White House reforms and prior reforms proposed by Congress, ACUS and academics, and outlines the advantages and disadvantages of the alternative APA amendments outlined above. Part II of the article explores the basic differences between legislative rules, interpretive rules and policy statements and the reasons for the trend away from legislative rules. Part III introduces the long-standing concerns regarding interpretive rules and policy statements. Part IV examines the proposals and initiatives of ACUS, academics, and the various branches of the Federal government to address those concerns; and Part V identifies the weaknesses …