Levi Strauss & Co. v. United States

*694OPINION AND JUDGMENT

MUSGRAVE, Senior Judge.

In Marbury v. Madison, Chief Justice Marshall stated that “[i]t is emphatically the province and duty of the judicial department to say what the law is”, 5 U.S. (1 Cranch) 137, 177, 2 L.Ed. 60 (1803) (emphasis added), a position generally accepted by the bar and the judiciary for the past one hundred ninety-eight years. This proposition was significantly limited, if not partially overruled, by the Supreme Court’s decision in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984), which was…