Judicial deference

NCLA Amicus Argues for Honoring Veterans By Doing Away with Chevron Deference

Retrieved on: 
Monday, July 13, 2020
Law, Chevron Corporation, Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., Environment, Natural Resources Defense Council, Sources of law, Judicial deference, Rule of lenity, Constitution

The reason for rejecting Chevron deference in veterans cases is similar to the reason for rejecting it in criminal cases, to which the rule of lenity applies.

Key Points: 
  • The reason for rejecting Chevron deference in veterans cases is similar to the reason for rejecting it in criminal cases, to which the rule of lenity applies.
  • NCLA also urges the Court, in the course of its opinion, to note the constitutionally problematic nature of the Chevron judicial deference doctrine.
  • That canon precludes application of Chevron deference when the federal government adopts a conflicting interpretation of relevant statutes.
  • NCLA is a nonpartisan, nonprofit civil rights group founded by prominent legal scholarPhilip Hamburgerto protect constitutional freedoms from violations by the Administrative State.

NCLA Asks Second Circuit Court of Appeals to Rehear Case Over Deference to Sentencing Guidelines Commentary

Retrieved on: 
Wednesday, May 6, 2020
Judicial deference

This judicial deference doctrine requires federal judges to defer to commentary the United States Sentencing Commission (U.S.S.C.)

Key Points: 
  • This judicial deference doctrine requires federal judges to defer to commentary the United States Sentencing Commission (U.S.S.C.)
  • A growing list of circuits are re-examining the unconstitutional application of deference to the U.S.S.C.s commentary in imposing criminal sentences.
  • NCLA is asking the full court to rehear the case en banc and overturn its use of Stinson deference.
  • NCLA released the following statements:
    The major problem with Stinsonand reflexive deference to the Sentencing Commissionmay, ironically, be the way out.

NCLA Amicus Brief Urges Supreme Court of Georgia to Declare Judicial Deference Unconstitutional

Retrieved on: 
Tuesday, April 28, 2020
Courts, Judicial deference, Supreme Court of the United States, Supreme court, Constitution of the United States, Supreme Court of India, State supreme court, Federal government of the United States, Law, Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.

NCLA hopes that Georgia will join the growing Chevron revolt by state supreme courts, including the Arkansas Supreme Court earlier this year.

Key Points: 
  • NCLA hopes that Georgia will join the growing Chevron revolt by state supreme courts, including the Arkansas Supreme Court earlier this year.
  • The Supreme Court of Georgia has never addressed the constitutional objections to judicial deference raised in the amicus briefbut this case presents the opportunity to do so.
  • The Court of Appeals opinion below openly questioned the viability of judicial deference in Georgia and noted some judges on that court believe the time has come to reconsider such deference.
  • The Supreme Court of Georgia should follow suit and declare judicial deference unconstitutional in its opinion.

NCLA Asks Court to Not Abandon Its Duty of Independent Judgment in BIA Case Under Chevron Deference

Retrieved on: 
Tuesday, January 7, 2020
Law, Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., Environment, Natural Resources Defense Council, Judicial deference, En banc, Deference, Chevron Corporation, Companies, Oil companies

NCLA is urging the full Fifth Circuit to call out the constitutional defects inherent in the Chevron judicial deference doctrine.

Key Points: 
  • NCLA is urging the full Fifth Circuit to call out the constitutional defects inherent in the Chevron judicial deference doctrine.
  • Specifically, NCLA points out that judges violate Article III of the Constitution and their judicial oaths when they give Chevron deference instead of providing their independent judgment.
  • In other words, Chad Brackeen and the other plaintiffs-appellees are denied a fair trial if the judge hearing their case employs Chevron deference in favor of the government.
  • We urge the full Fifth Circuit, which is rehearing the case en banc, to silence the panels out-of-tune paean to Chevron.