Title

The Constitutional Limits of Chevron Deference: Meaning Versus Policy

Authors

Larry Alexander

Document Type

Article

Publication Date

2018

Abstract

The key to understanding the constitutional limits of Chevron deference is the distinction between meaning and policy. The courts must enforce their understanding of Congress’ intended meaning, not an agency’s understanding of that meaning to the extent it is different from that of the courts. Courts are obligated to apply the law as they understand it to the litigants before them. And if they understand the law to mean X, then they must apply X to the litigants, even if the relevant agency interprets the law to mean Y.

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