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Lesson 7 of 9 · about 15 minutes

How courts interpret laws and rules

You'll be able to

  • Explain judicial review and why a statute on the books may not be enforceable
  • Describe the basic tools judges use to interpret statutes, including Idaho Code 73-113
  • Explain what Chevron deference was and what Loper Bright v. Raimondo (2024) replaced it with
  • Describe Idaho's 2024 change to Idaho Code 67-5279(5)
  • Find the holding in a written opinion and tell it apart from a dissent

A law passed by the legislature and signed by the governor can still turn out to mean something different from what its sponsors said, or nothing at all. That is because courts get the last word on what a law means and whether it is valid. You do not need legal training to follow this. You need to know what courts do with laws, where their decisions are published and how to read one.

Judicial review

Since Marbury v. Madison (1803), American courts have claimed the power to refuse to enforce a law that conflicts with the Constitution. State courts do the same with state constitutions. This is judicial review. Courts do not go looking for laws to strike. Someone with a real stake has to bring a case, and the court decides the questions that case raises.

The practical lesson for a reader: the text in a code book is not always the law in force. Idaho has a vivid example.

Example: the statute that still prints a blocked rule

In 2021 the legislature amended Idaho Code 34-1805 to require initiative signatures from 6 percent of qualified electors in each of all 35 legislative districts. Open the section online today and that is still what it says.

But in August 2021, in Reclaim Idaho/Gilmore v. Denney, the Idaho Supreme Court held that the 35-district requirement violated the people's initiative power in Article III, Section 1 of the Idaho Constitution and barred it from taking effect. The court also blocked a 2020 provision that would have delayed every voter-approved initiative's effective date until July 1 of the following year. The earlier version of 34-1805 governs instead: 6 percent statewide and 6 percent in at least 18 of the 35 districts. The Secretary of State's VoteIdaho site applies the 18-district rule.

A reader who trusts the code alone gets it wrong. A reader who checks the history note, then searches court opinions for the section number, gets it right.

How judges read a statute

When the words of a statute are disputed, judges use a fairly standard toolkit. Idaho wrote much of it into law in Idaho Code 73-113.

1. Plain, usual and ordinary meaning of the words. If clear, stop here (73-113(1)). 2. Definitions sections and technical meanings control (73-113(3)). 3. Read the statute as a whole; weigh reasonableness of each reading (73-113(2)). 4. Avoid readings that make the law a nullity or lead to absurd results.
The rough order of operations. Real opinions argue about each step.

Two more ideas show up constantly. Courts try to read different sections so they fit together instead of conflicting. And when a specific provision and a general one collide, the specific one usually wins. When a court finds part of a law invalid, it also asks whether the rest can stand on its own, which is called severability. In Reclaim Idaho, the court restored the earlier version of the signature rule instead of leaving no rule at all.

Agencies, ambiguity and the end of Chevron

Agency rules raise a special question. When a statute is ambiguous, who decides what it means: the agency that administers it or the court?

For 40 years the federal answer was Chevron deference, from Chevron U.S.A. v. Natural Resources Defense Council (1984). If a statute was ambiguous and the agency's reading was reasonable, courts accepted it, even if a judge would have read the law differently.

On June 28, 2024, in Loper Bright Enterprises v. Raimondo, decided together with Relentless, Inc. v. Department of Commerce, the Supreme Court overruled Chevron. The vote was 6 to 3 in Relentless and 6 to 2 in Loper Bright, because Justice Jackson took no part in that case. Chief Justice Roberts wrote for the majority. The Court relied on section 706 of the Administrative Procedure Act, which tells reviewing courts to "decide all relevant questions of law." Courts must now use their own independent judgment to find the best reading of a statute, even an ambiguous one. Agency views still count: under the older Skidmore approach, an agency's interpretation can persuade a court depending on how thorough, well-reasoned and consistent it is. It just cannot control the outcome. Where Congress clearly delegates discretion to an agency, courts must respect the delegation and police its limits.

The Court also said past cases that upheld specific agency actions under Chevron keep their force through statutory stare decisis. Loper Bright did not wipe out existing rules.

Justice Kagan wrote the dissent, joined by Justice Sotomayor and, in the Relentless case, Justice Jackson. Her side argued that Congress has long expected agencies, with their technical staff, to fill gaps in complex statutes, and that the ruling shifts policy choices from experts accountable to the president toward judges. The majority answered that interpreting law is the core job of courts and that Chevron had become unworkable. Both positions are held by serious people. What is settled, as of October 2026, is the rule itself: federal courts no longer defer under Chevron.

Idaho moved first, by statute

Idaho changed its own rule for state agencies during its 2024 session, which ended before Loper Bright came down. The legislature amended Idaho Code 67-5279 to add subsection (5). When interpreting a state law or rule, an Idaho court "shall not defer to an agency's interpretation" and must decide the meaning de novo. And if doubt remains after all the usual tools, the court resolves it in favor of a reasonable interpretation "that limits agency power and maximizes individual liberty."

Federal before June 2024 (Chevron)Federal after Loper BrightIdaho state agencies after 2024 amendment
Ambiguous statute, reasonable agency readingCourt accepts agency readingCourt decides best reading; agency view may persuadeCourt decides de novo; no deference
Tie-breaker if doubt remainsAgencyNone specified; court's best readingReading that limits agency power
Source of the rule1984 Supreme Court case2024 Supreme Court case interpreting APA section 706Idaho Code 67-5279(5), 2024 Session Laws ch. 235

Common mix-ups

  • Claim: Loper Bright struck down federal regulations. What the evidence shows: It changed how courts review agency interpretations. Earlier holdings upholding specific actions keep their force, and rules stand unless someone challenges them successfully.
  • Claim: If it's in the Idaho Code, it's enforceable. What the evidence shows: A court can block a section without the online text changing, as with 34-1805 in 2021.
  • Claim: A dissent tells you what the law is. What the evidence shows: Only the majority's holding binds. Dissents are useful for understanding the arguments.

Reading an opinion

Opinions are published free: the U.S. Supreme Court at supremecourt.gov, the Idaho Supreme Court and Court of Appeals on isc.idaho.gov, federal appeals courts on their own sites. A U.S. Supreme Court opinion starts with a syllabus, a summary prepared by the Reporter of Decisions. It is the fastest way in, but it is not part of the opinion, so cite the opinion itself for anything that matters.

  • Find the question. Opinions usually state the legal question in the first pages.
  • Find the holding. Look for "We hold" or "we conclude." That sentence is the decision.
  • Count the votes. Who joined the majority, who concurred and who dissented.
  • Read the disposition. Affirmed, reversed, vacated, remanded. "Remanded" means the case goes back for more work, so the fight is often not over.
  • Separate holding from commentary. Judges sometimes discuss issues they do not decide. Those passages, called dicta, do not bind later courts.

Reporting angle

  • Before quoting any statute in a story, search court opinions for its section number to see whether it has been blocked or narrowed.
  • When a state agency loses a case over its reading of a statute, check whether 67-5279(5) was cited. It is a new tool, and how Idaho courts apply it is worth tracking.
  • For federal rules affecting Idaho, watch for challenges that cite Loper Bright, and report which statute the agency relied on.
  • Quote the holding, give the vote and name the author. Link the opinion PDF so readers can check you.

Research angle

Check yourself

1. What did the U.S. Supreme Court decide in Loper Bright Enterprises v. Raimondo (June 28, 2024)?

2. Under Loper Bright, what happens to earlier court decisions that upheld agency actions using Chevron?

3. What does Idaho Code 67-5279(5), as amended in 2024, tell Idaho courts to do?

4. The online Idaho Code says initiative petitions need 6 percent of voters in each of the 35 legislative districts. What is the current rule?

5. Where in a U.S. Supreme Court opinion should you look first for a short, plain statement of what was decided?

Terms in this lesson

Judicial review
The power of courts to decide whether a law or government action conflicts with the constitution or a statute, and to refuse to enforce it if it does.
Chevron deference
The rule from a 1984 Supreme Court case that courts should accept an agency's reasonable reading of an ambiguous statute. Overruled in 2024.
Holding
The court's actual decision on the legal question before it, the part that binds later cases.
Dissent
An opinion by judges who disagree with the outcome. It explains their view but is not law.
De novo
Latin for 'anew.' A court deciding a legal question de novo gives no deference to the earlier decision maker.
Stare decisis
The practice of following earlier decisions on the same question, for stability.

Full glossary

Sources