Administrative Statutory Interpretation: The Aftermath of Chevron v. Natural Resources Defense Council

Administrative Statutory Interpretation: The Aftermath of Chevron v. Natural Resources Defense Council

Administrative Statutory Interpretation: The Aftermath of Chevron v. Natural Resources Defense Council

Administrative Statutory Interpretation: The Aftermath of Chevron v. Natural Resources Defense Council

Excerpt

The purpose of this book is to scientifically analyze the impact of Chevron v. Natural Resources Defense Council, a 1984 Supreme Court decision, considered by many to be controlling precedent for cases involving contested administrative agency interpretations of statutes. Specifically, I am interested in examining why Chevron did not have the effect on Supreme Court deference to administrative agency interpretations of statutes that scholars anticipated. Scholars believed that deference to administrative agency interpretations would increase, when in fact it appeared to have decreased. Although legal scholars have written extensively concerning the Chevron decision, there is little written within the political science literature. I use a central political science concept – the attitudinal model – to examine an area of law that has received most attention from legal academics.

Chapter one provides the reader with a background on Chevron. In addition, I explore the various hypotheses presented in the legal literature concerning the Supreme Court’s treatment of cases involving contested administrative agency interpretations of statutes, in the post-Chevron period.

In chapter two, I apply the attitudinal model to cases involving contested administrative agency interpretations of statutes. I find that although the attitudinal model is robust, it does not explain changes in the Supreme Court’s treatment of these types of cases in the post-Chevron period. Chapter three explores whether a justice’s approach to statutory interpretation is having an impact on how they treat these types of cases. I find that although the attitudinal model has strong predictive ability in this area of . . .

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