Congress’ Chevron? Statutory Signposts as a Means of Clarifying Agency Deference
Citation: 104 Geo L.J. Online 175 (2016)
The Skidmore-Chevron deference precedent depicts a Supreme Court struggling to divine congressional intent regarding the scope of delegated agency authority. In these cases, the Court often finds that the statutory language is not sufficiently instructive, and turns to statutory purpose, legislative history, and the formality of agency action as aids. This complex, excursive process provokes two related questions: Would clearer congressional delegation simplify courts’ efforts and result in more accurate determinations? In particular, would administrative law benefit from congressional use of the Court’s Skidmore-Chevron deference terminology to alert courts off the bat to which standard they should employ?