Aaron Saiger was quoted in a Bloomberg BNA article about recent GOP complaints of overregulation. The piece contends that the history behind the criticism is the Supreme Court’s 1984 ruling in the case of Chevron U.S.A. Inc. v. Natural Resources Defense Council, which says that “judges must defer to agency interpretations of ambiguities in the laws they administer, unless those rule makings are unreasonable.”
“There is no question that Chevron moves power from the courts to the agencies,” Fordham University law professor Aaron Saiger told Bloomberg BNA July 19. “But the courts still get to decide whether the statute being interpreted is ambiguous and whether the interpretation is reasonable.”
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DeCamp, now an attorney with Jackson Lewis and an overtime rule critic, said the legislation to undo Chevron is a long shot. He and Saiger also said a shift to de novo review could cause chaos, creating a mashup of decisions in which some federal courts strike down an agency interpretation of a statute and others support it.
