The word is out: the Supreme Court is poised to roll back the Chevron doctrine. Set out in Chevron v. Natural Resources Defense Council (1984), the opinion states that when Congress has not “spoken directly to the precise question at issue,” a court reviewing an agency action “may not substitute its own construction of a statutory provision for a reasonable interpretation made by … the agency.” That gives agencies more flexibility in making law by issuing regulations. In the new issue of Regulation, law professor David Schoenbrod argues that the Court should ground any modification of Chevron on the constitutional norm that the “lawmakers” elected by the governed—that is, members of Congress—should take responsibility for the laws.
Paid parental leave provides workers with financial compensation during temporary absences following the birth or adoption of a child. Private companies often provide paid leave and the federal government mandates 12 weeks of job-protected unpaid leave. Some policymakers have pushed for further government action. They claim that government-supported leave would markedly improve workers’ lives by improving labor-market outcomes and reducing gender inequality. In a new paper, Cato scholar Vanessa Brown Calder provides economic research and federal data that suggest otherwise.