Longstanding Agency Interpretations

From Blogger

Longstanding Interpretations of Law

When an administrative decision-maker’s interpretation of a statutory provision is longstanding, is it entitled to extra deference from the courts?For my part, I think the usual reasons for deference (legislative choice, expertise, complexity, democratic legitimacy and participation) apply whether or not an interpretation is longstanding.  Novelty is not a reason for less deference and longstandingness […] Read more