Document Type
Article
Publication Date
2015
ISSN
2998-7822
Publisher
Boston University School of Law
Language
en-US
Abstract
In the King v. Burwell oral arguments, Chief Justice John Roberts—usually one of the more active members of the Court—asked only one substantive question, addressed to the Solicitor General: “If you’re right about Chevron [deference applying to this case], that would indicate that a subsequent administration could change [your] interpretation?” As it turns out, that question was crucial to Roberts’s thinking and to the 6-3 opinion he authored, but almost all commentators either undervalued or misunderstood the question’s import (myself included). The result of Roberts’s actual thinking was an unfortunate outcome for Chevron—and potentially for the rule of law—despite the happy outcome for the Obama Administration.
Recommended Citation
Abigail Moncrieff,
King, Chevron, and the Age of Textualism
,
95
Boston University Law Review Annex
9
(2015).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/4250
Please note the file available on SSRN may not be the final published version of this work.
