Also known as: deference · Chevron deference · Skidmore deference
Written by attorneys · grounded in primary & secondary sources — see below
A principle under which courts give weight to the judgments of the political branches or administrative agencies when reviewing constitutional or regulatory challenges. The principle calls for rational-basis review or acceptance of agency credibility findings unless contradicted by uncontroverted evidence. It yields when core individual liberties or structural constitutional limits are directly implicated.
President issues an order barring entry of construction workers from several majority-Muslim nations after intelligence reports flag sabotage risks at ports in State A. Alpha Framing, a firm relying on those workers, sues claiming religious animus. The district court sustains the order because its stated national-security purpose is rationally related to the restriction, even though earlier presidential remarks suggested bias.
Assistant district attorney James Johnson circulates a petition protesting internal transfer policies within his office. The district attorney fires him, citing disruption to workplace efficiency. Johnson sues under the First Amendment. The court upholds the discharge because the speech addressed only personnel matters and receives minimal protection.
Select any source to read its text and confirm it supports the definition.
City of East Cleveland enforces an ordinance that prevents grandmother Jacqueline Juarez from living with her grandson because he is the child of a deceased daughter rather than a son. Juarez is convicted and appeals. The Supreme Court invalidates the ordinance, refusing usual deference because the measure intrudes on family living arrangements rooted in national tradition.
Connecticut prosecutes a married couple and their physician for using contraceptives in violation of a state statute. The defendants challenge the law as invading marital privacy. The Court declines to defer to legislative judgment and holds the statute unconstitutional because it burdens a fundamental liberty interest.
New York Public Service Commission bans promotional advertising by electric utilities to conserve energy. Central Hudson Gas challenges the ban as violating commercial-speech protections. The Court applies intermediate scrutiny rather than deferring outright, striking the ban because it is more extensive than necessary to serve the conservation interest.
California Coastal Commission grants Nollans a permit to rebuild their beachfront home only if they dedicate a public easement across their property. The Nollans sue, arguing the condition lacks a sufficient nexus to the impact of their project. The Court refuses deference and invalidates the condition because it does not substantially advance the legitimate state interest in beach access.
Deference is inappropriate when a law intrudes on family living arrangements deeply rooted in national tradition or burdens fundamental liberties such as marital privacy. Courts also withhold deference when reviewing conditions on land-use permits that lack an essential nexus to the development's impact.
Courts apply at most rational-basis review to such orders and uphold them when they recite a legitimate national-security purpose rationally related to the restriction, even if extrinsic statements suggest improper motive.
Substantial deference is given to the employer's judgment that internal personnel speech will cause disruption, resulting in minimal First Amendment protection for the employee.
No. Deference is strongest in foreign affairs and employment contexts but weakens when core due-process or equal-protection interests in family structure or privacy are at stake.
…must be changed from time to time and that this Court is charged with a duty to make those changes. For myself, I must with all deference reject that philosophy. The Constitution makers knew the need for change and provided for it. Amendments suggested by the people's elected representatives can be submitted to the people or…