Administration & Society (A&S) Special (Perspectives) Issue

Special Issue Title: Public Administration without Deference: Exploring the Implications
for Post-Chevron Administration

Special Issue Aims and Scope:

In June 2024, the U.S. Supreme Court overturned the so-called Chevron doctrine. The
Chevron doctrine, which has been in place since the 1984 Chevron v. Natural Resources
Defense Council decision, basically stipulated that courts should defer to administrative
agency experts in their interpretations of statutes and regulations when legislation is
ambiguous or unclear, provided these interpretations were reasonable.

In overruling Chevron in Loper Bright Enterprises v. Raimondo and Relentless v. Department
of Commerce, the Court essentially places judges in the position of interpreting unclear
statutes. The 6-3 majority argued that agencies are not entitled to such deference by either
the Constitution or the Administrative Procedure Act (APA). The Court also stated that the
decision resets the legal environment to that that existed prior to the 1984 ruling. For the
Court, Chief Justice Roberts explained that the APA requires that courts “decide legal
questions by applying their own judgment” and that “agency interpretations of
statutes…are not entitled to deference,” and “it thus remains the responsibility of the court
to decide whether the law means what the agency says.”

In her dissent, Justice Kagan warned that the Court has given itself “exclusive power over
every open issue—no matter how expertise-driven or policy-laden—involving the meaning
of regulatory law,” an acute problem, as she contends that Congress frequently enacts
ambiguous laws. (We need not add this, but Kagan adds: “Congress would usually think
agencies the better choice to resolve the ambiguities and fill the gaps in regulatory
statutes. Because agencies are ‘experts in the field.” And because they are part of a
political branch, with a claim to making interstitial policy. And because Congress charged
them, not us, with administering the statutes containing the open questions. At its core
Chevron is about respecting that allocation of responsibility – the conferral of primary
authority over regulatory matters to agencies, not courts.”

We welcome essays for this special issue that relate to the altered legal environment and
consider the implications for public administration. We very much want a full spectrum of
opinions for this issue, and we are open to a range of specific topics and perspectives. We
welcome ideas such as, but not limited to:
• The implications of courts overruling administrative interpretations
• Arguments that these rulings fundamentally change little about the day-to-day
operation of the administrative state
• The potential for increased judicial reliance on amicus curiae briefs and the
potential bias in which information is used or not used by courts
• Interpretations of the Constitution or the APA that either support or question the
Court’s rationale
• Practical considerations and potential implications if regulations are challenged or
how administrative behavior may change due to concern over potential litigation
• Implications for administrative discretion by either/both appointed or professional
public administrators

Details:

Given the timeliness of this commentary, we plan to move quickly. We invite one-page
proposals due by August 31, 2024 with notifications and invitations sent by September 30,
2024. Full manuscripts will be due November 30, 2024. The target timeframe for the issue
is early 2025.

Perspectives articles are intended to highlight theoretical, methodological, or
philosophical concepts or controversies in public administration and governance. They are
not intended to be empirical, although practical examples of points raised in the article are
welcome. Perspectives manuscripts are peer-reviewed by the Perspectives editor and at
least one external reviewer. Manuscripts must not exceed 25 typewritten, double-spaced
pages inclusive of references. Tables, charts, notes, and references must all be on separate
pages, also completely double-spaced. A double-spaced abstract of approximately 100
words as well as a double-spaced brief biographical paragraph describing the author’s
affiliation, research interest, and recent publications should accompany the manuscript.
There is no limit on the number of references allowed.

Inquiries and proposals should be sent to Perspectives Editor Adam Eckerd at
[email protected]