AGENCY INTERPRETATIONS OF EXECUTIVE ORDERS

• 成果类型: Article
• 署名作者: Chou, Matthew
• 署名单位: Yale University
• 刊物名称: ADMINISTRATIVE LAW REVIEW
• ISSN/ISSBN: 0001-8368
• 发表日期: 2019
• 页码: 555-605
• 关键词: judicial deference; statutory interpretation; chevron; LAW; DELEGATION

摘要

Executive orders are an important tool of presidential power that often rely on agencies to interpret and implement them. Moreover, agency interpretations of executive orders often arise in court. But neither courts nor commentators have developed a well-reasoned interpretive methodology for agency interpretations of executive orders. Instead, relevant case law essentially has not developed since 1965, despite landmark shifts in administrative law marked by Chevron, Auer, and their progeny, This Article proposes a new legal test that both (1) reflects modern understandings of agency interpretation and (ii) outlines when courts should defer to an agency's interpretation of an executive order.