An Accidental Landmark? How VanDerStok Could Revive Deference to the Administrative State
Chevron deference may be gone—but is the Supreme Court quietly laying the groundwork for something even worse?
In this episode of Unwritten Law, Mark Chenoweth and John Vecchione examine a recent Supreme Court decision that could dramatically reshape administrative law. Drawing on analysis by Will Yeatman, they discuss how the Court’s handling of VanDerStok risks giving agencies a powerful new shield by treating challenges to regulations as “facial” attacks—making them nearly impossible to win.
The conversation dives into why this approach departs from traditional administrative-law…
The skinny
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