Rethinking Judicial Deference to Agency Expertise, with Jonathan Adler and E. Donald Elliott

Gray Matters
Rethinking Judicial Deference to Agency Expertise, with Jonathan Adler and E. Donald Elliott
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For the last forty years, courts have been especially deferential to federal agencies’ claims of scientific expertise. And in the last year, we have seen the Supreme Court grapple repeatedly with questions of administrative decisions related to managing the Covid-19 pandemic. How much deference should courts afford agencies on scientific and technical matters? This was among the subjects discussed…

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