Deference and Fiction: Reforming Chevron’s Legal Fictions After <i>King v. Burwell</i>

I. Introduction II. The Tumultuous Passage of the Affordable Care Act III. King v. Burwell and the Challenge to the ACA IV. Chevron and “Step Zero” ... A. The Chevron Doctrine ... B. Chevron Step Zero V. The Application of Chevron in King v. Burwell ... A. Chevron and the Lead-Up to King v. Burwell ... B. King v. Burwell and Chevron Step Zero ... C. King v. Burwell and Skidmore Deference VI. How Chevron’s Fictions Lead to Chevron’s Confusion ... A. The Fictional Basis of Chevron ... B. Chevron’s Stare Decisis Muddle and the Need for “Sticky Deference” VII. Legal Fictions: Their Forgotten History and Misunderstood Use ... A. The History and Evolution of Legal Fiction ... B. The Evolving Definition of “Legal Fiction” ... C. The Utility and Dangers of Legal Fictions VIII. Reforming Chevron’s Fictions ... A. Lessons About Legal Fictions and Their Application to the Chevron Fiction ... B. How Reforming Chevron’s Legal Fiction Fixes the Mess of Chevron IX. Conclusion