Document Type
Article
Publication Date
Summer 2016
Language
en-US
Abstract
If passed, the Separation of Powers Restoration Act would require federal courts conducting judicial review of agency action to decide “de novo all relevant questions of law, including the interpretation of constitutional and statutory provisions and rules.” Although I have long been highly critical of Chevron, see, e.g., Jack M. Beermann, End the Failed Chevron Experiment Now: How Chevron Has Failed and Why It Can and Should be Overruled, 42 Conn. L. Rev. 9 (2010), and also have misgivings about Auer deference, I fear that the proposed Act goes too far in completely eliminating deference to agency legal determinations.
Recommended Citation
Jack M. Beermann,
The Proposed Separation of Powers Restoration Act Goes Too Far
,
in
Administrative & Regulatory Law News
(2016).
Available at:
https://scholarship.law.bu.edu/shorter_works/71
Included in
Administrative Law Commons, Antitrust and Trade Regulation Commons, Courts Commons, Supreme Court of the United States Commons
