Lenity and <i>Loper Bright</i> : Narrow Construction of Penal Laws Trumps Administrative Deference in Criminal Contexts to Preserve Liberty and Curb Agency Overreach

Abstract With the abrogation of Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc.in Loper Bright Enterprises v. Raimondo, the Supreme Court resolved mixed signals regarding administrative deference in the construction of ambiguous penal laws in favor of lenity. Administrative deference is no longer appropriate in the interpretation of penal statutes, regulations, and guidelines. The rules of construction from the earliest days of the republic require that ambiguities and silence be strictly construed in favor of the individual under the rule of lenity and the doctrine of constitutional avoidance to protect both individual liberty and the separation of powers.

Authors

Institutions

Publication Details

Journal
Federal Sentencing Reporter
Published
2026-01-22
DOI
https://doi.org/10.1215/10539867-12110862
Primary Topic
Legal Systems and Judicial Processes
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Lenity and Loper Bright : Narrow Construction of Penal Laws Trumps Administrative Deference in Criminal Contexts to Preserve Liberty and Curb Agency Overreach

Stephen R. Sady, Devin D. Huseby
Federal Sentencing Reporter
Legal Systems and Judicial Processes
article

Lenity and Loper Bright : Narrow Construction of Penal Laws Trumps Administrative Deference in Criminal Contexts to Preserve Liberty and Curb Agency Overreach

Stephen R. Sady, Devin D. Huseby
article en

Abstract

Abstract With the abrogation of Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc.in Loper Bright Enterprises v. Raimondo, the Supreme Court resolved mixed signals regarding administrative deference in the construction of ambiguous penal laws in favor of lenity. Administrative deference is no longer appropriate in the interpretation of penal statutes, regulations, and guidelines. The rules of construction from the earliest days of the republic require that ambiguities and silence be strictly construed in favor of the individual under the rule of lenity and the doctrine of constitutional avoidance to protect both individual liberty and the separation of powers.

Federal Sentencing ReporterVol. 38(1)
Portland Public Schools (US), Gideon's Promise (US)
Openalex Percentile: Top 81%
Legal Systems and Judicial Processes
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.