An agency’s statutory breadth and continuity exceed its technical expertness as grounds for respect

Evidence

But may not special competence involve more than this type of “expertness”? What of the fact that the agency has from the start continuing responsibility, not merely to decide the one case now before the court, but for the administration of the entire statutory scheme? The Wage-Hour Admin”- istrator in Skidmore had considered the issue of waiting-time as one of many other issues involved in the concept of working time. Thus, to a greater extent than a court, he had an early opportunity to develop decisions consistent with a sensible resolution of other questions raised by the statute. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2573

Categorization

• XREF: Foreshadows Chevron step one/two and ‘agency administers whole scheme vs deciding one case’ reasoning used across administrative law. — connects to: Agency discretion is delegated when legislatures cannot foresee future conduct — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 550; Political leaders must gain enough technical culture to judge expert advice — Antonio Gramsci, Selections from the Prison Notebooks, 333

Broader Connections

• Political leaders must gain enough technical culture to judge expert advice #corroborates (0.75) — Antonio Gramsci, Selections from the Prison Notebooks, 333