Even after the Supreme Court overruled Chevron in Loper Bright, a softened reading of Skidmore v. Swift could let courts give agency interpretations extra institutional weight. That 'deferential Skidmore' would keep agencies advantaged in statutory disputes unless courts adopt a neutral, educational approach to agency reasoning.
— If lower courts treat Skidmore as a form of deference, the practical rollback of Chevron may be limited and administrative power will remain elevated across major policy areas.
John O. McGinnis
2026.03.12
100% relevant
The article argues that many courts are already applying a deferential Skidmore despite Loper Bright and urges a shift to an 'educational Skidmore' to prevent agencies from retaining a built‑in advantage.
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