Article
Restoring Chevron Deference by Statute
75 Duke Law Journal
(2026)
Abstract
This paper details a solution for legislatively restoring Chevron deference: amend the APA to direct lower federal courts to give deference to reasonable agency decisions but retain nondeferential judicial review by the U.S. Supreme Court. This solution restores most of the practical benefits of Chevron by giving agencies flexibility to implement congressional policy directives with the expertise they have acquired, by maintaining stability in administrative regulation, and by relieving lower federal courts of the burdens of nondeferential review. And retaining nondeferential judicial review in the Supreme Court will preserve the constitutional role of the judicial branch to say what the law is while supplying a backstop against agency overreach.
Keywords
- chevron,
- loper,
- loper bright,
- agency deference,
- administrative law,
- judicial review,
- judicial supremacy,
- major questions
Disciplines
Publication Date
2026
Citation Information
Scott Dodson. "Restoring Chevron Deference by Statute" 75 Duke Law Journal (2026) Available at: http://works.bepress.com/scott_dodson/94/