College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Publications Faculty and Deans 1993 Congressional Procedure and Statutory Interpretation Larry Evans Jarrell Wright Neal Devins William & Mary Law School,
[email protected] Repository Citation Evans, Larry; Wright, Jarrell; and Devins, Neal, "Congressional Procedure and Statutory Interpretation" (1993). Faculty Publications. 431. https://scholarship.law.wm.edu/facpubs/431 Copyright c 1993 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/facpubs 239 CONGRESSIONAL PROCEDURE AND STATUTORY INTERPRETATION Larry Evans • Jarrell Wright • • Neal Devins • • • ight years ago, a seemingly uneventful Supreme Court decision, Chevron, E USA v. Natural Resources Defense Council, 1 prompted a watershed debate over the role of administrative agencies in ascertaining legislative intent. In Chevron, a unanimous Supreme Court recognized broad agency power to interpret often ambiguous statutory language, holding that' 'permissible'' agency interpretations are controlling unless Congress has spoken to "the precise question at issue. " 2 Counterbalancing this apparent elevation of agency interpretation at the expense of judicial interpretation, however, Chevron made clear that judicial analysis of legislative history is wholly appropriate in determining legislative intent: "If a court, employing traditional tools of statutory consideration, ascertains that Congress had an intention on the precise question at issue, that intention is the law and must be given effect. " 3 Chevron's recognition of a potentially broad judicial role likely explains the Court's unanimity. It also explains why, as Judge Patricia Wald observed in her analysis of post-Chevron decisionmaking, the Supreme C"ourt still relies on legislative history in many of its statutory construction cases.