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Searching For Chevron In Muddy Watters: The Roberts Court And Judicial Review Of Agency Regulations, Ann Graham
Searching For Chevron In Muddy Watters: The Roberts Court And Judicial Review Of Agency Regulations, Ann Graham
ann graham
SEARCHING FOR CHEVRON IN MUDDY WATTERS: THE ROBERTS COURT AND JUDICIAL REVIEW OF AGENCY REGULATIONS
Ann Graham
Abstract
In April 2007, the U.S. Supreme Court delivered its opinion in Watters v. Wachovia. The majority opinion did not invoke the classic administrative law analysis prescribed by the Two-Step Chevron Doctrine, which for more than twenty years has been the foundation of determining judicial deference to agency regulations. The Watters case presented a golden opportunity to clarify the Chevron Doctrine. Instead of taking that expected path, the Supreme Court dodged Chevron altogether – raising serious issues about why and what may be …