Barbara Brewer v. Edward R. Madigan, Etc., 945 F.2d 449 (1991)

Citation: Barbara Brewer v. Edward R. Madigan, Etc., 945 F.2d 449 (1991)
Parent Document: Barbara Brewer v. Edward R. Madigan, Etc., 945 F.2d 449 (1991)
Jurisdiction: United States (federal)
Effective Date: 1991-09-26
Original Source: https://www.courtlistener.com/opinion/569091/barbara-brewer-v-edward-r-madigan-etc/ ↗

Full Text

834 chars

When a court reviews an agency’s construction of the statute it administers, it is confronted with two questions. First, always, is the question of whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end of the matter, for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress. If, however, the court determines Congress has not directly addressed the precise question at issue, the court does not simply impose its own construction of the statute, as would be necessary in the absence of an administrative interpretation. Rather, if the statute is silent and ambiguous with respect to the specific . issue, the question for the court is whether the agency’s answer is based on a permissible construction of the statute.

Other Sections in This Document (88)

Full Text