In Chevron Case, Justices Trade One Unknown For Another

Kevin King’s commentary was included in a Law360 article exploring how the U.S. Supreme Court's Loper Bright ruling striking down the Chevron doctrine, in which judicial deference was given to administrative interpretation, raises questions about the future of federal agency actions.

Kevin notes that without the Chevron doctrine to moderate differences in methodologies and even personal beliefs, more court and circuit splits will probably emerge. “Courts in California and the Ninth Circuit will likely read statutes differently than courts in Texas and the Fifth Circuit, for example, and Loper Bright will expand the range of circumstances in which those disagreements can arise,” he explained. The appellate courts and Supreme Court will have "more work on their plates," he added. Whether the high court will change the number of cases it takes up a term — or at least the number of administrative law cases it reviews — remains to be seen.