Stats and Regs - Final Macias

Rule of Last Antecedent

A qualifying word or phrase modifies only the last antecedent unless the modifier is separated by a comma

Rule of Lenity

When a criminal law is unclear or ambiguous, the court should apply it in the way that is most favorable to the defendant

Constitutional Avoidance Canon

The Supreme Court should avoid ruling on constitutional grounds and instead rule purely on statutory bases

If there are two interpretations, one clearly constitutional and one less so, the constitutional one wins

Clear Statement Rule

The court should not interpret a statute in a way that will bring a particular result which was not intended by the statute

If the courts are to interpret the statute to bring a result, it should have been clear from the statute that the result was intended by the text of the statute itself

Series Qualifier Canon

When there is a straightforward, parallel construction that involves all nouns or verbs in a series, a prepositive or postpositive modifier normally applies to the entire series

Non-Delegation Doctrine

Congress must not authorize another entity to exercise their powers (separation of powers)

This UNLESS intelligible principle

Intelligible Principle Test - Pure Language

If Congress shall lay down by legislative act an intelligible principle to which the person or body authorized to do such work is directed to conform, such legislative action is not a forbidden delegation of power

Intelligible Principle Test - Modern Language

The president is only doing what Congress allows them to do that Congress could do themselves

Intelligible Principle Test - Example

In JW Hampton, president was given power to adjust duties on certain goods; court found that where the legislative act by Congress is an intelligible principle directed to conform such work to a specific standard, it is not an overreach

Notice and Comment Rulemaking - Statute

553

Notice and Comment Rulemaking - 3 Requirements

Proposal of Rule (notice)

Consideration of Comments

Promulgation of final rule

Notice and Comment Rulemaking - Proposal of Rule must include

Statement of the time, place, and nature of public rule making proceedings

Reference to the legal authority under which the rule is proposed

Either the terms or substance of the proposed rule or a description of the subjects and issue involved

The internet address of a summary not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the internet website

Notice and Comment Rulemaking - Consideration of Comments

After notice, the agency shall give interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments with or without opportunity for oral presentation

Ability to participate means that if the agency does not respond directly to the relevant comments, then the agency did not give that person the opportunity to participate

Notice and Comment Rulemaking - Promulgation of Final Rule

The agency shall incorporate in the rules adopted a concise general statement of their basis and purpose

Hard Look Review - Statute

706

Hard Look Review - Language

Reviewing court shall hold unlawful and set aside agency actions, findings, and conclusions found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law

Hard Look Review - Arbitrary and Capricious Explanations

Overton Park

State Farm

Vermont Yankee

Hard Look Review - Overton Park

Was the agency decision based upon a consideration of the relevant statutory factors?

Hard Look Review - State Farm

There must be a rational connection between the facts found and the choice made

Hard Look Review - Vermont Yankee

No additional procedures may be imposed on the agency

Chevron Step 1

Has Congress spoken to the precise question at issue?

If no, go to step two

Chevron Step 2

Reviewing court should uphold the agency’s resolution of the statutory ambiguity as long as the agency adopted a permissible construction of the statute (the agency’s interpretation is reasonable)

Mead - Chevron Step 0

Chevron applies where Congress would want it to

Mead - Factors to determine weight of agency decision

Highly detailed regulatory scheme

Thoroughness and logic of ruling

Expertness of customs

Fit with prior interpretations

Loper Bright - When Congress does delegate power to an agency…

The court’s role under 706 is to make sure:

The delegation is constitutional; AND

The agency decision making is reasonable (not arbitrary and capricious)

Loper Bright - Problems with Chevron

The application was “mechanical” and resulted in agency policies that were inconsistent over time

Presumption that statutory ambiguity was a result of intentional delegation to the agency was a fiction

Skidmore Respect for agency interpretation when

Thorough consideration

Valid reasoning

Consistency

Generally, the power to persuade

Remedial Statute Canon

Remedial statutes should be interpreted as broadly as possible to effectuate Congress’s intent

Bass

Rule of Lenity and Federalism

Because of the seriousness of criminal sanctions, there must be fair notice and no ambiguity

Yates

Clear Statement Rule

Congress included the catch all term under the statute for “documents”. The application of tangible objects to fish would go beyond the clear statement of what Congress intended and is thus not permitted

Lockhart

Last Antecedent

Congress had applied the qualifying term in such a way that it only applied to one item in the list before (involving a minor). Therefore, Congress knew what they were doing and the last antecedent should apply.

NLRB

Constitutional Avoidance

You must have affirmative legislative intent that Congress intended to push constitutional bounds in order for the court to adopt the constitutionally questionable interpretation

Ashcroft

Federalism

Does not exercise its ability to supersede state power lightly. If a possible interpretation upsets federal-state balance, it should not be favored unless it is clear that Congress intended to supersede state power

JW Hampton

Intelligible principle test

Whitman

Just because there is room for discretion by the authorized body or person, it does not mean that the intelligible principle is violated so long as that discretion is still guided by an intelligible principle

Nova Scotia

Notice and Comment Rule Making

Final promulgation must be a clear and concise statement

State Farm

Arbitrary and capricious definition