Tag Archives: Chevron

Chevron, Delegation, and Clear Statement Rules

Article I, Section One vests “[a]ll legislative Powers” in Congress.[1] Among other things, this means that “[e]xcept in a few areas constitutionally committed to the Executive Branch, the basic policy decisions governing society are to be made by the Legislature.”[2] Congress cannot delegate the power to make the law to another entity (or, for that […]

Third Circuit Judge Rails Against Chevron & Auer Deference

Add another federal judge to the growing chorus of individuals concerned that the Court’s administrative law jurisprudence has gone off the rails. Egan v. Del. River Port Auth., — F.3d —, 2017 WL 1055568 (3d Cir. Mar. 21, 2017) involved discrimination and retaliation claims an employee brought against the Port Authority, alleging violations of federal law […]