Courts Likely Would Still Defer to Agencies If Deference Doctrine Reconsidered: Scholars

摘要

U.S. Supreme Court nominee Neil Gorsuch's opposition to broad agency deference raises questions about how the landscape of administrative law would look if the court overturned the decades-old doctrine holding that courts should defer to reasonable agency interpretations of ambiguous statutes, legal scholars told Bloomberg BNA. But even if the legal standard changed, courts would likely still defer to agencies in many circumstances, scholars said.