Symposium: Defining deference down

Adam J. White is counsel with Boyden Gray & Associates, and an adjunct fellow at the Manhattan Institute. His firm filed an amicus brief in King on behalf of the Galen Institute, arguing that the major questions doctrine and federalism considerations favored the challengers instead of the administration.
As many have by now noted, Chief Justice John Roberts asked only one question at the King oral arguments, but that one question proved to be crucial. Responding to the solicitor general’s calls for “Chevron deference” to the IRS’s interpretation of the Affordable Care Act, Roberts noted that deferring to the IRS now would open to the door to a future presidential administration reversing course: “If you’re right—if you’re right about Chevron, that would indicate that a subsequent administration could change that interpretation?”
Justice Kennedy sounded a similarly skeptical note that

Original SCOTUS article

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