Document Type


Publication Date





University of Mississippi School of Law




Article is a transcript from the 2014 National Lawyers Convention panel on Millennials, Equity, and the Rule of Law. A video recording of the panel can be viewed here.

JUSTICE DON WILLETT: ... because Chevron deference is kind of like bacon. Some people like their Chevron deference rigid and crisp. Other people like it a little squishy and a little bendable. A few people dislike it altogether, no matter how it's served. But Chevron' is now thirty years old, older than a number of people in the audience today, and a lot has changed. The regulatory state has exploded, in terms of size and scope, over the last thirty years, becoming arguably a fourth branch of government altogether.

So, is it time to revisit and think anew about judicial deference to agency decision-making? Do Chevron's virtues outweigh the vices? Have courts gone too far? Has Chevron deference devolved into Chevron dereliction? Are courts moving increasingly from adjudication to abdication, letting the foxes guard the agency henhouse? So it is a thorny question that vexes the Court, and not along the usual ideological lines. We have three former administrative law professors on the U.S. Supreme Court. They have very fervent, strongly held views on Chevron and Chevron deference. And the Court is going to have, undeniably, some pretty high-profile opportunities in the near term, I believe, to revisit and possibly recalibrate Chevron.

Link to Publisher Site (BU Community Subscription)

Included in

Courts Commons



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.