GW Law Faculty Publications & Other Works

Document Type

Article

Publication Date

2024

Status

Accepted

Abstract

Administrative law – and by extension, government procurement law – is in a period of transition in the United States. The judiciary, sometimes alarmed by the perceived excesses of the administrative state, is reexamining the deference traditionally afforded agency interpretations of law. As part of that transition, the Supreme Court in Loper Bright Enterprises v. Raimondo (June 2024) overruled the test it first established in Chevron v. Natural Resources Defense Council (1984), which held that if a statute was ambiguous, the courts would defer to an agency’s reading of that statute so long as the agency’s interpretation was reasonable. This article assesses the collapse of the Chevron test, which may send shock waves across government procurement law as well, as agencies and contractors contest the meaning of laws before the courts.

GW Paper Series

2024-58

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