High Court Could Take First Step to Chevron Doctrine’s Demise

The U.S. Supreme Court justices appear primed to curtail administrative agencies’ regulatory power, but the court’s ultimate decision could lead to a much bigger conservative target: overturning the oft-maligned Chevron doctrine.

Based on their comments in yesterday’s argument in Kisor v. Wilkie, it seemed likely that the justices—along party lines—would eventually overturn the Auer deference doctrine, which allows government agencies, not the courts, to determine the meaning of their own disputed regulations.

And though the case didn’t formally address Chevron and other deference doctrines, “Kisor could be a step along the path toward a more assertive, less deferential ...