in Immigration and Naturalization Service v. Cardozo-Fonseca (480 U.S. 421 (l986)). the supreme Court decided that the meaning of a particular statutory term was clear within the first limb of the Chevron tcst because the Court could divine this through the normal tools of Summrory construction. This provoked a powerful separate opinion from Justice Scalia. He felt that the approach of the majority would radically undermine the purpose of the Chevron formula, given that a Court could always then hold that the meaning of a statutory theme was clear through the use of ‘normal tools of statutory eongmrction’. The approach in the Cardozo-Fonseca case can be contrasted with that in Rust v.Sullivan (lll S. Ct. 1759 (1991)), where Chief Justice Rehnquist gave the leading judgment of the Court. His interpretation of the first limb of Chevron was markedly different. On his view abase would only fall under the first limb of the test if the Congressional meaning of the term really was evident on the face of the statute. If this was not so then the matter would fall to be determined under the rationality part of the formula. This in tum provoked a sharp dissent from Justice Stevens who argued that the majority was construing part one of the test too narrowly.
The contrast between the UK and US jurisprudence throws into sharp relief the judicial choices that are available in this area.