Lenity and <i>Loper Bright</i> : Narrow Construction of Penal Laws Trumps Administrative Deference in Criminal Contexts to Preserve Liberty and Curb Agency Overreach

Abstract With the abrogation of Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc.in Loper Bright Enterprises v. Raimondo, the Supreme Court resolved mixed signals regarding administrative deference in the construction of ambiguous penal laws in favor of lenity. Administrative deference is no longer appropriate in the interpretation of penal statutes, regulations, and guidelines. The rules of construction from the earliest days of the republic require that ambiguities and silence be strictly construed in favor of the individual under the rule of lenity and the doctrine of constitutional avoidance to protect both individual liberty and the separation of powers.