Edwin E. Huddleson, District of Columbia Life Fellow and Attorney at Edwin E. Huddleson, published Chevron Under Seige in 58 University of Louisville Law Review 17 (2019-2020).
Objections to Chevron are overstated, this article argues. It reviews criticisms of Chevron (separation of powers, textualism, the major question doctrine); the shortcomings of those criticisms including Justice Gorsuch’s Marbury v. Madison critique; and regulatory reforms including the Trump Administration’s two-for-one Executive Order 13771. It examines pending litigation on significant administrative law issues (Net Neutrality, DACA, Trump’s Affordable Clean Energy rule) comparing outcomes under Chevron vs. textualism vs the major question doctrine; Chevron‘s common law nature; and its likely future in the Supreme Court.