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Yet in two succinct paragraphs, the Chief Justice concluded that Chevron simply did not apply-the issue was of such “economic and political significance” that it was inconceivable that Congress would simply have left it to the IRS to resolve. Health Insurance Premium Tax Credit, 77 Fed.

The IRS had, through notice-and-comment rulemaking and in express reliance on that authority, issued a regulation directly addressing the legal question in the case. The IRS already had authority to “prescribe all needful rules and regulations for the enforcement of this title.” Id. § 36B(g) (authorizing IRS to “prescribe such regulations as may be necessary to carry out the provisions of this section”). The statute granted the IRS authority to write all necessary regu­lations to implement the provision 7 7 The relevant statutory provision was in the Internal Revenue Code 6 6 CloseĬhief Justice Roberts perfunctorily rejected the claim that Chevron applied, brushing the case aside like a slightly annoying but unthreat­ening bug. 119 (2010) (codified as amended in scattered sections of 26 and 42 U.S.C.).

Patient Protection and Affordable Care Act, Pub. CloseĪ challenge to an Internal Revenue Service (IRS) rule regarding eligibility for tax credits under the Affordable Care Act, 5 5 2480, 2495–96 (2015) (holding insurance exchange set up by Department of Health and Human Services qualified as “exchange established by a state” for purposes of participants’ eligibility for tax credits to cover premium payments). Still, reports of Chevron’s death seemed to get significant confir­mation at the end of the Supreme Court’s 2014–2015 Term, when the Court decided three important cases that suggested that Chevron’s condition was, if not terminal, at least serious.ġ35 S. “Demise” is a strong word, as Mark Twain famously noted. Linda Jellum, Chevron’s Demise: A Survey of Chevron from Infancy to Senescence, 59 Admin. In 2007, Linda Jellum reported Chevron’s “demise.” 3 3 It comes at a critical moment for the Chevron doctrine. Nonetheless, here is an addition to the pile. If Professor Strauss has half-a-dozen articles on a subject, the sensible thing is to get one’s hands on them, read and learn from them, and keep quiet.

Strauss, Overseers or “The Deciders”-The Courts in Administrative Law, 75 U. Strauss, One Hundred Fifty Cases per Year: Some Implications of the Supreme Court’s Limited Resources for Judicial Review of Agency Action, 87 Colum. Strauss, In Search of Skidmore, 83 Fordham L. Strauss, “Deference” Is Too Confusing-Let’s Call Them “ Chevron Space” and “ Skidmore Weight”, 112 Colum. Most daunting, Peter Strauss has contributed significantly to the existing pile. CloseĮveryone is sick to death of Chevron, and four gazillion other people have written about it, creating a huge pile of scholarship and precious little left to say. At this point, it takes chutzpah to write about Chevron.