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Skidmore deference

Definition

A standard of judicial respect for agency interpretations of statutes. Under Skidmore v. Swift & Co., courts give weight to an agency's interpretation based on its thoroughness, reasoning, consistency, and other persuasive qualities — less deferential than the now-overruled Chevron deference.

Examples

  • West Virginia argued that the longstanding HEW athletics regulations deserve substantial weight under Skidmore because they are contemporaneous with the statute and have been continuously applied.

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