United States v. Mead Corp. — Scalia, J., dissenting

Summary

Justice Scalia dissenting argues that the Court's decision replaces the established Chevron deference doctrine with a new, uncertain standard requiring affirmative congressional intent to delegate rulemaking authority via formal procedures. He contends this change creates confusion, induces ossification of statutory law, and improperly resurrects Skidmore deference for agency interpretations not arrived at through formal proceedings. He would adhere to Chevron and defer to the Customs Service's reasonable interpretation of the statute.