The “Death” of Deference

Comment by: Dr. Barbara Lichman

In this comment, Dr. Barbara Lichman analyzes the Supreme Court’s recent decisions in Loper Bright, Relentless, and Corner Post, which together dismantle the Chevron doctrine of judicial deference to administrative agencies. Dr. Lichman explains that these rulings shift interpretive authority from agencies to the courts, limiting agencies’ ability to define ambiguous statutes and extending the time frame for challenges under the Administrative Procedure Act. Dr. Lichman argues for recognizing the profound impact these cases will have on administrative governance. She proposes that the legal system must now adapt to a new era in which courts, rather than agencies, dominate statutory interpretation, even in complex regulatory fields.