Newly Released Papers Reveal Behind-the-Scenes Supreme Court Deliberations on Landmark 1984 Chevron Case
• Recently opened papers of late Justice Sandra Day O’Connor show the internal Supreme Court deliberations over the landmark 1984 Chevron case, which gave regulators latitude to protect environment and public health.
• The case nearly wasn't heard at all, barely getting the 4 votes needed. Only 6 justices ultimately decided the case, which passed unanimously.
• Papers reveal tentative views and complications, like Justice Lewis Powell ensuring he didn't have to recuse himself and Justice William Brennan unsuccessfully trying to bring the Court together.
• Case has become hugely influential over time in lower courts and academia, cementing deference to federal agencies, though now targeted for rollback.
• O’Connor ended up recusing herself over a conflict of interest, leaving Chief Justice Warren Burger alone in dissent before he changed his mind and joined the majority.