Judicial Deference to Government Agencies-What It Is, Why It Matters, and How You Can Use It to Your Advantage
Government agencies typically hold the upper hand in court, thanks to something called judicial deference. While the Supreme Court may soon modify this doctrine as it applies in many federal cases, government agencies are likely to maintain a strong advantage, especially in cases before Maryland's State courts. But knowledge is power. Folks who engage in regulatory processes with thought, intention and persistence can soften the bite of, if not overcome, judicial deference, and ultimately prevail. Understanding Judicial Deference to Government Agencies As anyone who’s tried to fight a speeding ticket knows, the government generally gets the benefit of the doubt in court. This is true for a number of reasons. Governments typically acts under laws that spell out the rules of engagement and put them in charge of administering them. They have procedures for implementing the law that their agents are trained to follow. They document their actions to demonstrate compliance with these...