In the last few years there has been a lot of critical attention directed towards Chevron and Seminole Rock/Kisor deference. In Kisor the Supreme Court narrowed and clarified but ultimately retained the deference given to agency interpretations of their own regulations. But amidst this incremental reform at the federal level, there has been a much more dramatic anti-deference revolution at the state level. In the past twelve years, 10 states have rejected deference either judicially or by statute or constitutional amendment. And several other states seem poised to do the same thing. This teleforum analyzes the anti-deference revolution and whether and where it is likely to continue to spread.
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-- Daniel Ortner, Attorney , Pacific Legal Foundation
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