Mead Doctrine
What does "Mead Doctrine" mean in law?
The threshold inquiry established in United States v. Mead Corp. (2001) that determines whether an agency interpretation qualifies for Chevron deference or only the lesser Skidmore deference. Under Mead, Chevron deference applies only when Congress has delegated authority to the agency generally to make rules carrying the force of law, and the agency interpretation claiming deference was promulgated in the exercise of that authority, such as through notice-and-comment rulemaking or formal adjudication. Agency interpretations issued through less formal means, such as opinion letters, guidance documents, or internal memoranda, typically receive only Skidmore's persuasive weight. Mead thus serves as a gatekeeper controlling access to the more deferential Chevron framework.
Definition
The threshold inquiry established in United States v. Mead Corp. (2001) that determines whether an agency interpretation qualifies for Chevron deference or only the lesser Skidmore deference. Under Mead, Chevron deference applies only when Congress has delegated authority to the agency generally to make rules carrying the force of law, and the agency interpretation claiming deference was promulgated in the exercise of that authority, such as through notice-and-comment rulemaking or formal adjudication. Agency interpretations issued through less formal means, such as opinion letters, guidance documents, or internal memoranda, typically receive only Skidmore's persuasive weight. Mead thus serves as a gatekeeper controlling access to the more deferential Chevron framework.
Example
Customs Service tariff classification rulings issued through individualized letter rulings were denied Chevron deference under Mead because they were not promulgated through a process carrying the force of law, and instead received only Skidmore persuasive weight.