Skidmore Deference
An agency’s interpretation of a statute it administers is entitled to deference proportional to its power to persuade, based on the thoroughness of its reasoning, consistency with prior positions, and the validity of its judgment — even when the interpretation does not have the force of law.
Elements / Test
Skidmore v. Swift & Co. (1944) factors:
- Thoroughness of the agency’s consideration
- Validity of the reasoning
- Consistency with earlier and later pronouncements
- Other factors giving it the power to persuade
This is a sliding scale — not mandatory deference, but a measure of “respect” proportional to persuasiveness.
Exceptions and Edge Cases
When Skidmore applies (vs. Chevron):
- United States v. Mead Corp. (2001): Skidmore applies when the agency has not acted with force of law — informal interpretations, opinion letters, policy statements, agency manuals, amicus briefs
- Chevron applies when agency acts with force of law through notice-and-comment rulemaking or formal adjudication
- Loper Bright Enterprises v. Raimondo (2024): Supreme Court overruled Chevron; courts now exercise independent judgment on statutory meaning; Skidmore now effectively governs all agency statutory interpretations — agency views are “informative” but not controlling
Post-Loper Bright: Chevron eliminated; Skidmore remains as the framework for how much weight courts give agency views.
Policy Rationale
Agencies have expertise and Congress may have intended them to fill gaps; but courts have independent duty to say what the law is. Skidmore respects agency expertise without abdicating judicial responsibility.
Key Cases
| Case | Rule |
|---|---|
| Skidmore v. Swift & Co. (1944) | Agency interpretation entitled to respect proportional to persuasive power |
| United States v. Mead Corp. (2001) | Chevron applies only to force-of-law interpretations; Skidmore governs the rest |
| Loper Bright Enterprises v. Raimondo (2024) | Chevron overruled; courts independently interpret statutes; agency views given Skidmore weight |