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Epstein Becker & Green

Striking a Balance: The Supreme Court and the Future of Chevron Deference

Epstein Becker & Green on

In its frequent attempts to enforce the separation of powers that the Constitution’s framers devised as a system of checks and balances among the executive, legislative, and judicial branches of the federal government, it is...more

Bricker Graydon LLP

No Chevron Deference in Ohio

Bricker Graydon LLP on

On December 29, 2022, the Ohio Supreme Court issued a definitive opinion that, at least in Ohio, the judicial branch is never required to defer to an agency’s interpretation of the law. TWISM Enterprises, L.L.C. v. State...more

Eversheds Sutherland (US) LLP

Kisor v. Wilkie and judicial deference to agency determinations—Are there implications for employee benefits litigation and the...

In June 2019, a unanimous Supreme Court in Kisor v. Wilkie retained but limited the scope of Auer deference – the court-created doctrine that courts should defer to an agency’s interpretation of its own regulations or other...more

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