U.S. Supreme Court,
Government,
Constitutional Law,
Administrative/Regulatory
Nov. 6, 2019
The worst deference doctrine few have heard of: Brand X
It essentially empowers agencies to overrule federal-court decisions by unilaterally altering the meaning of statutes the courts have already interpreted.
Adi Dynar
Attorney
Pacific Legal Foundation
Adi has extensive experience in protecting people's civil liberties as a litigator, speaker, and activist.
Federal administrators must love Darth Vader's iconic -- and ominous -- line, "I'm altering the deal. Pray I don't alter it any further." That's because the Brand X deference doctrine lets them.
Deference doctrines require judges to abdicate their duty of independent judgment and instead be biased in favor of government litigants and against non-government litigants. The 2005 Supreme Court case of
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