After ‘Chevron’ deference, “respect”: ‘Loper Bright’ and agency policymaking | Reuters

From deference to respect

What replaces Chevron deference is for “courts to do their ordinary job” of determining the “best reading” of the statute using all the traditional tools of statutory interpretation at their disposal. “Due respect” to an agency’s view remains one such tool.

Reviewing courts should look to pre-Chevron approaches to agency cases, especially the Supreme Court’s 1944 opinion Skidmore v. Swift & Co., which instructed courts to consider the thoroughness, reasoning, and consistency of an agency’s view and “all those factors which give it power to persuade, if lacking power to control.”

Source: After ‘Chevron’ deference, “respect”: ‘Loper Bright’ and agency policymaking | Reuters