- Dr. Yaron Brook, Ayn Rand Institute
Recent opinions from the Supreme Court and policy debates within the halls of Washington have placed a renewed focus on the amount of judicial deference administrative agencies receive when interpreting statues. Kent Barnett of the University of Georgia Law School and Christopher Walker of Ohio State’s Moritz College of Law have authored a law review article entitled Chevron in the Circuit Courts that empirically examines the effect of so-called Chevron, and its weaker cousin Skidmore, deference on cases heard by the federal intermediate appellate courts. Their article features circuit and agency-specific data on when and where Chevron really matters. Stephen Vaden will moderate a discussion with the papers' authors in a teleforum that should be of interest to both administrative law practitioners and those engaged in the debate over the size and role of the administrative state.
On September 30, the Office of Management and Budget (OMB) proposed a new rule on the nation’s racial categorizations, titled “Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity.” This rule would apply to federal programs throughout the federal government.
Two proposed changes stand out: the first would create a new ethnic group by bringing together people who originated in the North Africa and the Middle East (MENA), and the second would eliminate a question on race for Hispanics, effectively making “Hispanics” their racial identifier. OMB calls this a “limited revision,” but the changes would impact many areas including congressional redistricting and affirmative action programs. Currently Hispanics mark two boxes, an ethnic one for Hispanic, a second one for race. Thus over 50 percent of Hispanics (29 million in the 2010 census) are categorized as white. Since Hispanics account for 75 percent of the growth of whites today, preventing them from being identified as white in government statistics would have real and important effects.