JUSTICE SCALIA AND THE EVOLUTION OF CHEVRON DEFERENCE

[...]there is a form of deference that is built into the structure of interpretation itself. [...]if you look at the statutory history of this part of the APA, in enacting the judicial-review provision, Congress took as the baseline a pre-existing proposed bill, with a single, glaring alteration.37 Congress removed a proviso that would have re32. quired a reviewing court to give "due weight" to agency "technical competence" and "specialized knowledge. Bankers Ass'n, 135 S. Ct. 1199, 1213 (2015) (Thomas, J., concurring) ("[The] line of precedents, beginning with [Seminole Rock,] requires judges to defer to agency interpretations of regulations. . Because this doctrine effects a transfer of the judicial power to an executive agency, it raises constitutional concerns."); Decker v. Nw. See id. [...]the brief for the Federal Government-which was filed by Professor Henry Hart, who argued the case while on leave from the Harvard Law School faculty-argued for deference on these grounds.