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Category: Paul Hunker

Category: Paul Hunker

The Supreme Court in Loper Bright overturned Chevron and the deference it accorded agency interpretation of the law. How will this impact the rights of noncitizens?    

By Paul Hunker The Supreme Court in Loper Bright overturned Chevron and the deference it accorded agency interpretation of the law. How will this impact the rights of noncitizens?     Chevron ruled that if a federal law does not directly speak to the precise question at issue, courts should defer to the agency’s interpretation of the law if based on a permissible construction of the statute.  This gave the Department of Homeland Security a big advantage in litigation. (Chevron was a nice arrow in my quiver when I represented DHS; grateful to SCOTUS for overruling it now that I am private ... Read more

Tuesday, July 9, 2024
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