The Contracting Education Academy

Contracting Academy Logo
  • Home
  • Training & Education
  • Services
  • Contact Us
You are here: Home / Archives for judicial authority

January 31, 2019 By AMK

Supreme Court likely to end judicial deference to agency rule interpretations

Two of the pillars of modern administrative law are the doctrines of judicial deference to agency interpretations of laws and rules that the agencies administer. 

These doctrines take their names from the Supreme Court decisions that articulated them.

  • The doctrine of Chevron deference provides that courts will defer to a reasonable agency interpretation of an ambiguous law that the agency is tasked by Congress to administer.
  • The doctrine of Auer deference provides that courts will defer to an agency’s construction of its own regulations.

Both of these doctrines have been criticized by judges and scholars on the grounds that they violate the separation of powers and cede judicial authority to the “administrative state.” In December 2018, these criticisms took on more significance when the Supreme Court agreed to consider whether it should overrule the doctrine of Auer deference.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=772884

Filed Under: Government Contracting News Tagged With: Chevron deference, Congress, judicial authority, Supreme Court

Popular Topics

abuse acquisition reform acquisition strategy acquisition training acquisition workforce Air Force Army AT&L bid protest budget budget cuts competition cybersecurity DAU DFARS DHS DoD DOJ FAR fraud GAO Georgia Tech GSA GSA Schedule GSA Schedules IG industrial base information technology innovation IT Justice Dept. Navy NDAA OFPP OMB OTA Pentagon procurement reform protest SBA sequestration small business spending technology VA
Contracting Academy Logo
75 Fifth Street, NW, Suite 300
Atlanta, GA 30308
info@ContractingAcademy.gatech.edu
Phone: 404-894-6109
Fax: 404-410-6885

RSS Twitter

Search this Website

Copyright © 2023 · Georgia Tech - Enterprise Innovation Institute