Great commentary. A couple of questions (coming from someone who is no expert in U.S. law):
- Even if the Supreme Court has not used the Chevron since 2016, do you have any insight into how often is has been used by lower courts? It'd be interesting to know if those numbers paint a similar picture.
- Even if Chevron deference applies to federal statutes only, do you expect that there may be indirect impacts on state law? For example, at the state-level, might judges be influenced by the doctrinal turn at the federal-level (I'm not sure how this works in the U.S. legal system), and so become less deferential? And if that is a possibility, might state legislatures be more inclined to mandate specifically in AI-related laws that due deference should be given by courts, to preserve Chevron at the state-level?
Chevron is indeed still applied regularly by district and circuit courts, so yes, there is a meaningful effect there to be sure.
Your second question is fascinating. I believe that there are state-level Chevron look-a-likes, but as you note the SCOTUS ruling has no direct impact. Some states have in fact eliminated their Chevron-like deference in recent years, seeing the writing on the wall. I suspect this ruling will lead others to do the same, eventually. I would also not be surprised to see some states (places like NY and CA) double down on Chevron-like deference at the state level. I wouldn’t at all be surprised to see states adopt it formally in statute, perhaps even more broadly than with AI.
Great commentary. A couple of questions (coming from someone who is no expert in U.S. law):
- Even if the Supreme Court has not used the Chevron since 2016, do you have any insight into how often is has been used by lower courts? It'd be interesting to know if those numbers paint a similar picture.
- Even if Chevron deference applies to federal statutes only, do you expect that there may be indirect impacts on state law? For example, at the state-level, might judges be influenced by the doctrinal turn at the federal-level (I'm not sure how this works in the U.S. legal system), and so become less deferential? And if that is a possibility, might state legislatures be more inclined to mandate specifically in AI-related laws that due deference should be given by courts, to preserve Chevron at the state-level?
Great questions!
Chevron is indeed still applied regularly by district and circuit courts, so yes, there is a meaningful effect there to be sure.
Your second question is fascinating. I believe that there are state-level Chevron look-a-likes, but as you note the SCOTUS ruling has no direct impact. Some states have in fact eliminated their Chevron-like deference in recent years, seeing the writing on the wall. I suspect this ruling will lead others to do the same, eventually. I would also not be surprised to see some states (places like NY and CA) double down on Chevron-like deference at the state level. I wouldn’t at all be surprised to see states adopt it formally in statute, perhaps even more broadly than with AI.
Thanks, very helpful!
Fun post
Thank you! I think I will have something more fun soon..