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List of legislation relevant to judicial deference to administrative agencies

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What is deference in the context of the administrative state?

Deference, or judicial deference, is a principle of judicial review in which a federal court yields to an agency's interpretation of a statute or regulation. The U.S. Supreme Court has developed several forms of deference in reviewing federal agency actions, including Chevron deference, Skidmore deference, and Auer deference. Learn about state-level responses to deference here.

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This page lists notable laws and proposed legislation related to judicial deference. Some listed laws do not explicitly mention judicial deference but have been involved in court cases concerning whether judges should defer to agency interpretations of laws or regulations.

Deference occurs when a federal court defers to an agency’s interpretation of (1) a statute Congress authorized the agency to administer or (2) the agency’s own regulations. The U.S. Supreme Court developed multiple deference doctrines throughout the 20th century, including Chevron deference, Skidmore deference, and Auer deference.[1][2]

Since 2015, the United States Supreme Court has reconsidered aspects of judicial deference, refining Chevron deference, limiting its application, and recognizing exceptions, according to administrative law scholar Michael Kagan. In Kisor v. Wilkie (2019), the court upheld Auer deference but narrowed its scope, reflecting what Kagan described as a "period of uncertainty" for judicial deference.[3][4]

On June 28, 2024, the Supreme Court overturned Chevron deference in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, ruling that federal courts may not defer to an agency’s interpretation of an ambiguous statute.[5]

Laws relevant to judicial deference
Law Year State or Federal Impact
An Act To Determine the Jurisdiction of Circuit Courts of the United States, and To Regulate the Removal of Causes from State Courts, and for Other Purposes, ch. 137, § 1, 18 Stat. 470 1875 Federal The law expanded the jurisdiction of federal courts to include all cases arising under the U.S. Constitution and the laws of the United States in addition to cases involving citizens of different states.[6]
H.R. 6324, 76th Congress; S. 915, 76th Congress 1939 Federal This was the Walter-Logan bill vetoed by Franklin D. Roosevelt that would have codified rules for judicial review of agency actions.
H.R. 4782, 77th Congress; S. 675, 77th Congress 1941 Federal These bills were based on the committee reports issued by the Attorney General's Committee on Administrative Procedure established by Franklin Roosevelt.
Administrative Procedure Act (APA) 1946 Federal The law set the rules for administrative agency procedures and judicial review.
Clean Air Act 1963 Federal The law, as amended over the years, gave the U.S. Environmental Protection Agency the power to regulate air pollution.
Clean Water Act 1972 Federal The law established federal programs for water improvement.
Separation of Powers Restoration Act 2016 Federal This bill was a proposal from members of the Republican Party to amend the APA to require courts to look at agency interpretations of laws and regulations using de novo review.
Regulatory Accountability Act 2017 Federal The U.S. Senate version of the proposed bill would have amended the APA to replace Auer deference with Skidmore deference and would have left Chevron deference alone.

See also

Footnotes

  1. ↑ Yale Law Journal, "The Origins of Judicial Deference to Executive Interpretation," February 2017
  2. ↑ Blattmachr, J. (2006). Circular 230 Deskbook. New York, NY: Practising Law Institute. (pages 1-21)
  3. ↑ UNLV William S. Boyd School of Law Legal Studies Research Paper, "Loud and Soft Anti-Chevron Decisions," September 9, 2017
  4. ↑ SCOTUSblog, "Kisor v. Wilkie," accessed December 10, 2018
  5. ↑ SCOTUSblog, "Loper Bright Enterprises v. Raimondo," accessed July 3, 2024
  6. ↑ Federal Judicial Center, "Timelines of Federal Judicial History: The Jurisdiction of the Federal Courts," accessed February 21, 2019
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Cases
Abbott Laboratories v. Gardner • A.L.A. Schechter Poultry Corp. v. United States • Association of Data Processing Service Organizations v. Camp • Auer v. Robbins • Chevron v. Natural Resources Defense Council • Citizens to Preserve Overton Park v. Volpe • Federal Trade Commission (FTC) v. Standard Oil Company of California • Field v. Clark • Food and Drug Administration v. Brown and Williamson Tobacco Corporation • Humphrey's Executor v. United States • Immigration and Naturalization Service (INS) v. Chadha • J.W. Hampton Jr. & Company v. United States • Lucia v. SEC • Marshall v. Barlow's • Massachusetts v. Environmental Protection Agency • Mistretta v. United States • National Federation of Independent Business (NFIB) v. Sebelius • National Labor Relations Board v. Noel Canning Company • National Labor Relations Board v. Sears, Roebuck & Co. • Panama Refining Co. v. Ryan • Securities and Exchange Commission v. Chenery Corporation • Skidmore v. Swift & Co. • United States v. Lopez • United States v. Western Pacific Railroad Co. • Universal Camera Corporation v. National Labor Relations Board • Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council • Wayman v. Southard • Weyerhaeuser Company v. United States Fish and Wildlife Service • Whitman v. American Trucking Associations • Wickard v. Filburn • Wiener v. United States
Terms
Adjudication (administrative state) • Administrative judge • Administrative law • Administrative law judge • Administrative state • Arbitrary-or-capricious test • Auer deference • Barrier to entry • Bootleggers and Baptists • Chevron deference (doctrine) • Civil servant • Civil service • Code of Federal Regulations • Codify (administrative state) • Comment period • Compliance costs • Congressional Record • Coordination (administrative state) • Deference (administrative state) • Direct and indirect costs (administrative state) • Enabling statute • Ex parte communication (administrative state) • Executive agency • Federal law • Federal Register • Federalism • Final rule • Formal rulemaking • Formalism (law) • Functionalism (law) • Guidance (administrative state) • Hybrid rulemaking • Incorporation by reference • Independent federal agency • Informal rulemaking • Joint resolution of disapproval (administrative state) • Major rule • Negotiated rulemaking • Nondelegation doctrine • OIRA prompt letter • Organic statute • Pragmatism (law) • Precautionary principle • Promulgate • Proposed rule • Publication rulemaking • Regulatory budget • Regulatory capture • Regulatory dark matter • Regulatory impact analysis • Regulatory policy officer • Regulatory reform officer • Regulatory review • Rent seeking • Retrospective regulatory review • Risk assessment (administrative state) • Rulemaking • Separation of powers • Significant regulatory action • Skidmore deference • Statutory authority • Substantive law and procedural law • Sue and settle • Sunset provision • Unified Agenda of Federal Regulatory and Deregulatory Actions • United States Code • United States Statutes at Large
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