Faculty Notable - 2024-12-02 - Michael Kagan

Professor Michael Kagan filed an amicus brief on the future of Chevron deference in an immigration case. Earlier this year, the Supreme Court overturned a key doctrine of administrative law known as Chevron Deference, which called for federal courts to defer to executive branch agencies on legal interpretations. Prof. Kagan, along with University of Michigan Law School Professor Christopher J. Walker filed a brief with the U.S. Court of Appeals for the Ninth Circuit in an immigration case called Lopez v. Garland. Kagan and Walker asked the court to re-hear the case because they argued that the first panel of judges had essentially re-invented Chevron deference by giving too much weight to the opinion of the Board of Immigration Appeals. The result of the case will affect how federal courts handle immigration and other administrative appeals across the western United States.