Chevron's Liberty Exception

Author:Michael Kagan
Position::B.A. Northwestern University, J.D. University of Michigan Law School. Professor of Law, The University of Nevada, Las Vegas, William S. Boyd School of Law

This Article argues that the Supreme Court's practice in immigration cases reflects an unstated but compelling limitation on Chevron deference. Judicial deference to the executive branch is inappropriate when courts review the legality of a government intrusion on physical liberty. This norm is illustrated by the fact that the Court has not meaningfully applied Chevron deference in cases... (see full summary)

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