Supreme Court Eyes World War II Era Doctrine for Agency Rules

Supreme Court Eyes World War II Era Doctrine for Agency Rules

January 19, 2024, Bloomberg Law

Kevin King’s commentary was included in a Bloomberg Law article about the future of the Chevron doctrine and how the Supreme Court has signaled that it may want a doctrine known as Skidmore to govern in the future. The doctrine, which stems from 1944’s Skidmore v. Swift, generally says an agency’s interpretation of a statute is only entitled to deference from courts if it is persuasive.

Kevin said that “Skidmore can really be applied both ways. And if the Supreme Court gets rid of Chevron, it might need to give clarity to lower courts on which is the proper view going forward.”