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Super Deference, The Science Obsession, And Judicial Review Of Agency Science, Emily H. Meazell
Super Deference, The Science Obsession, And Judicial Review Of Agency Science, Emily H. Meazell
Emily H. Meazell
When courts review agencies’ scientific and technical determinations, they often emphasize that the specialized subject matter requires them to be at their most deferential. This “super-deference” principle seems appealing because it is supported by basic notions of institutional competence and accommodates a natural judicial tendency to avoid deep encounters with science. But it stands in stark tension with the expectation that courts must reinforce administrative-law values like participation, transparency, and deliberation. And it fails to further the legitimizing function of incorporating the best possible science into institutional decisionmaking. Surprisingly, there is no scholarship comprehensively assessing super deference. This Article begins …
Super Deference, The Science Obsession, And Judicial Review Of Agency Science, Emily H. Meazell
Super Deference, The Science Obsession, And Judicial Review Of Agency Science, Emily H. Meazell
Emily H. Meazell
When courts review agencies’ scientific and technical determinations, they often emphasize that the specialized subject matter requires them to be at their most deferential. This “super-deference” principle seems appealing because it is supported by basic notions of institutional competence and accommodates a natural judicial tendency to avoid deep encounters with science. But it stands in stark tension with the expectation that courts must reinforce administrative-law values like participation, transparency, and deliberation. And it fails to further the legitimizing function of incorporating the best possible science into institutional decisionmaking. Surprisingly, there is no scholarship comprehensively assessing super deference. This Article begins …