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Divided Supreme Court Strikes Down Chevron in Landmark Decision

Constitutional Law Reporter

However, if the court determines that “the statute is silent or ambiguous with respect to the specific issue” at hand, the court must defer to the agency’s interpretation if it “is based on a permissible construction of the statute.”

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Allegations of racial bias in a death penalty trial

SCOTUSBlog

The court will hold the other case raising that question, Ham v. Texas , which were amply supported by the habeas and trial records, and whether the Texas court disregarded the Supreme Court’s express guidance for conducting a prejudice analysis pursuant to Strickland v. Breckon , pending the outcome in Jones.