Chevron Ruling to Create Instability at Lower Courts, Kagan Says

Justice Elena Kagan predicted “instability” and “uncertainty” at lower courts in cases following the Supreme Court’s blockbuster decision to overturn a longstanding regulatory doctrine governing how unclear laws are interpreted.

It’s “unclear how it plays out,” Kagan told the Ninth Circuit judicial conference on Thursday in Sacramento, California.

The high court ruled 6-3 June 28 to throw out Chevron deference that for four decades required courts to defer to federal agency interpretations of ambiguous statutes when reasonable.

The reversal gives federal judges more leeway when handling challenges to regulations and has already prompted litigation.

Congress could still act to change ...