Administrative Law in the U.S. Supreme Court, 2004-2006: Trends, Cases, and Unexploded Bombshells

Abstract

This article accompanies a presentation at the Texas Bar Association's 18th Annual Advanced Administrative Law Course, held September 2006. It provides readers with a comprehensive review of administrative-law-related decisions from the U.S. Supreme Court in its 2004-2005 and 2005-2006 terms. First, the article examines three trends in the U.S. Supreme Court's federal administrative law jurisprudence going into the 2004-2005 term: (1) limited interpretation of the federal Administrative Procedure Act (APA); (2) limiting Chevron deference; and (3) federalism and the role of state authority in federal administrative law. Second, the article provides a comprehensive review of Supreme Court decisions from October 2004 through June 2006 for administrative law practitioners. Finally, the article identifies two unexploded bombshells in administrative law jurisprudence and four cases to watch during the 2006-2007 Supreme Court term.