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Skidmore Deference

Skidmore Deference

Definition

The administrative-law principle that a federal agency's determination is entitled to judicial respect if the determination is authorized by statute and made based on the agency's experience and informed judgment. See Skidmore v. Swift & Co., 323 U.S. 134 (1944). Under Skidmore, the level of deference given to an agency’s interpretation is based on the degree of the agency’s care; the agency’s consistency, formality, and relative expertise; and the persuasiveness of the agency’s position.

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