Skidmore Deference
What does "Skidmore Deference" mean in law?
A deferential standard from Skidmore v. Swift & Co. (1944) under which an agency's interpretation of a statute is given weight proportional to its power to persuade, based on the thoroughness of the agency's reasoning, the consistency of its position over time, the validity of its reasoning, and its expertise in the subject matter. Unlike Chevron deference, Skidmore does not compel courts to accept a reasonable agency interpretation; instead, courts exercise independent judgment while treating the agency view as a useful guidepost. After United States v. Mead Corp. (2001), Skidmore applies to informal agency actions that lack the force of law, such as opinion letters, policy statements, and interpretive guidance documents.
Definition
A deferential standard from Skidmore v. Swift & Co. (1944) under which an agency's interpretation of a statute is given weight proportional to its power to persuade, based on the thoroughness of the agency's reasoning, the consistency of its position over time, the validity of its reasoning, and its expertise in the subject matter. Unlike Chevron deference, Skidmore does not compel courts to accept a reasonable agency interpretation; instead, courts exercise independent judgment while treating the agency view as a useful guidepost. After United States v. Mead Corp. (2001), Skidmore applies to informal agency actions that lack the force of law, such as opinion letters, policy statements, and interpretive guidance documents.
Example
A court evaluating a Department of Labor opinion letter about overtime exemptions applied Skidmore deference rather than Chevron because the letter was an informal guidance document that did not carry the force of law.