Which statement describes Skidmore deference?

Which statement describes Skidmore deference?

• A. It binds courts to accept the agency's interpretation as controlling law.
• B. It requires agencies to adopt a formal rulemaking process to have interpretations given weight.
• C. It gives no deference to agency interpretations.
• D. It provides persuasive deference based on the agency's thoroughness, logic, and consistency.

Answer: (D)

Skidmore deference is a flexible, non-binding form of deference that a court gives to an agency’s interpretation of a statute or regulation. The weight it carries is persuasive and depends on how thoroughly the agency explains its reasoning, the logic of that reasoning, and the consistency of the interpretation with prior actions and the overall statutory framework. It’s not binding as controlling law, and it doesn’t require the agency to use formal rulemaking for its interpretation to be given weight. In practice, the court may adopt, modify, or reject the agency’s view based on how solid and well-reasoned the agency’s analysis is. This differs from binding Chevron deference, which binds courts to follow the agency’s interpretation if the statute is ambiguous and the interpretation is reasonable, and from the notion that agencies’ interpretations require formal rulemaking. It also differs from outright no deference, which Skidmore explicitly does not entail.

Skidmore deference is a flexible, non-binding form of deference that a court gives to an agency’s interpretation of a statute or regulation. The weight it carries is persuasive and depends on how thoroughly the agency explains its reasoning, the logic of that reasoning, and the consistency of the interpretation with prior actions and the overall statutory framework. It’s not binding as controlling law, and it doesn’t require the agency to use formal rulemaking for its interpretation to be given weight. In practice, the court may adopt, modify, or reject the agency’s view based on how solid and well-reasoned the agency’s analysis is.

This differs from binding Chevron deference, which binds courts to follow the agency’s interpretation if the statute is ambiguous and the interpretation is reasonable, and from the notion that agencies’ interpretations require formal rulemaking. It also differs from outright no deference, which Skidmore explicitly does not entail.