Christopher J. Walker’s scientific contributions

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Publications (1)


Chevron in the Circuit Courts
  • Article

January 2016

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12 Reads

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10 Citations

SSRN Electronic Journal

Kent H. Barnett

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Christopher J. Walker

This Article presents findings from the most comprehensive empirical study to date on how the federal courts of appeals have applied Chevron deference—the doctrine under which courts defer to a federal agency’s reasonable interpretation of an ambiguous statute that it administers. Based on 1561 agency interpretations the circuit courts reviewed from 2003 through 2013, we found that the circuit courts overall upheld 71% of interpretations and applied Chevron deference 75% of the time. But there was nearly a twenty-five percentage-point difference in agency-win rates when the circuit courts applied Chevron deference than when they did not. Among many other findings, our study reveals important differences across circuits, agencies, agency formats, and subject matters as to judicial review of agency statutory interpretations — as our rankings based on these variables illustrate. Based on prior empirical studies of judicial deference at the Supreme Court, however, our findings suggest that there may be a Chevron Supreme and a Chevron Regular: Whereas Chevron may not have much of an effect on agency outcomes at the Supreme Court, Chevron deference seems to matter in the circuit courts. That there is a Chevron Supreme and a Chevron Regular may suggest that, in Chevron, the Supreme Court has an effective tool to supervise lower courts’ review of agency statutory interpretations.

Citations (1)


... In reviewing every published federal court of appeals decision from 2003 through 2013 that refers to Chevron deference, administrative law scholar Kent Barnett and I found a difference of nearly twenty-five percentage points in agency-win rates when judges decide to apply the Chevron deference framework. 33 And once the circuit courts got to Chevron's second step, agencies prevailed 93.8 percent of the time. ...

Reference:

Constraining Bureaucracy Beyond Judicial Review
Chevron in the Circuit Courts
  • Citing Article
  • January 2016

SSRN Electronic Journal