Chevron on the Eve of Loper Bright

Authors

Nicholas R. Bednar, University of Minnesota Law SchoolFollow

Abstract

Chevron is dead. What does this mean for judicial review of agency interpretations of statutes in the lower courts? Perhaps not much. Using new data of circuit court decisions from 2012 and 2022, this Essay examines how lower courts changed their decision-making as the Supreme Court became more skeptical of Chevron deference. This Essay finds that---contrary to the assertion of some justices-circuit courts had not stopped applying Chevron in the lead up to Loper Bright. Moreover, courts agreed with agency interpretations of statutes at similar rates in both 2012 and 2022.

Recommended Citation

Bednar, Nicholas R. (2025) "Chevron on the Eve of Loper Bright," Widener Commonwealth Law Review: Vol. 34: Iss. 1, Article 1.
Available at: https://cwldc.widener.edu/wclr/vol34/iss1/1