Railway Labor Executives' Association v. National Mediation Board

Although the substantive issue presented by this case seems relatively unimportant, the court’s decision dramatically broadens the scope of judicial review of National Mediation Board decisions. Despite extensive recitation of and homage to precedent establishing a highly deferential standard, Maj. Op. at 136-37, the court in practice uses an approach no more deferential (and perhaps even less so) than ordinary review under Chevron U.S.A., Inc. v. NRDC, 467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984). I dissent.

Judicial review under § 2 Ninth of the Railway Labor Act, 45 U.S.C. § 152…