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June 09, 2013


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Michael Duff

Ah, yes, inconsistent Chevron applications. See: William N. Eskridge & Lauren E. Baer, The Continuum of Deference: Supreme Court Treatment of Agency Statutory Interpretations from Chevron to Hamdan, 96 GEO. L.J. 1083, 1090 (2008) (stating “[i]ndeed, from the time it was handed down until the end of the 2005 term, Chevron was applied in only 8.3% of Supreme Court cases evaluating agency statutory interpretations . . . [D]uring this time frame, the Court employed a continuum of deference regimes.”)

James Ridgway

I know the Court has been less than fully faithful to Chevron, but are there specific areas where it has routinely relied upon canons that are in as much tension with Chevron as Gardner? I'd be interested in knowing if there is anything that provides for an apt comparison.

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