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Justice Thomas, in Lone Dissent, Thrashes ‘Chevron’ and His Own ‘Brand X’ Decision

Justice Thomas, in Lone Dissent, Thrashes ‘Chevron’ and His Own ‘Brand X’ Decision

by judy.pino@ncla.legal | Feb 24, 2020 | In the News

Justice Clarence Thomas on Monday sharply criticized his own majority opinion in a 15-year-old telecommunications case and an underlying decision that says courts must give deference to agencies interpreting their own regulations, urging his colleagues to reconsider...
Thomas Pushes High Court to Revisit Agency Deference

Thomas Pushes High Court to Revisit Agency Deference

by judy.pino@ncla.legal | Feb 24, 2020 | In the News

Justice Clarence Thomas on Monday continued his campaign for the Supreme Court to reconsider a pair of landmark administrative law cases courts have long relied on to evaluate federal regulations. Read the full article here.
Justices Ceded Too Much Power To Agencies, Thomas Says

Justices Ceded Too Much Power To Agencies, Thomas Says

by judy.pino@ncla.legal | Feb 24, 2020 | In the News

Justice Thomas said the court should revisit an earlier decision granting so-called Chevron deference, under which courts must defer to an agency’s interpretation of its regulations if the underlying statute is ambiguous, as well as his own 2005 opinion in...
Can an Agency Rewrite the Law to Ban an Entire Industry Overnight? Maybe in New York

Can an Agency Rewrite the Law to Ban an Entire Industry Overnight? Maybe in New York

by judy.pino@ncla.legal | Feb 21, 2020 | Blog

  One of the most pernicious tools used by the administrative state is the court-created doctrine of agency “deference.” Roughly, this doctrine says that administrative agencies are entitled to interpret ambiguous laws any way they want, and courts are required...
Mark Chenoweth on The Dom Giordano Program: How politicians influence attorney general offices

Mark Chenoweth on The Dom Giordano Program: How politicians influence attorney general offices

by judy.pino@ncla.legal | Feb 21, 2020 | In the News

NCLA Executive Director & General Counsel, Mark Chenoweth discusses how the special interest groups can influence attorney general offices and why it violates the due process requirement and ethics standards.  
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