Chevron Is Dead, Long Live Chevron
A Review Of The Oral Arguments In Two Recent Chevron Doctrine Cases
Today on Legalese we are talking about the death of the Chevron Doctrine. On January 17th, the Supreme Court heard oral arguments in Relentless Inc. v Department Of Commerce and Loper Bright Enterprises v Raimondo.
These two cases are asking whether or not the Court should overrule the Chevron Doctrine, which holds a court should defer to the judgement of an administrative agency in their interpretation of a statute— If the statute is ambiguous, or if Congress has been silent on the propriety of a particular policy matter.
Today we discuss the key points and most insightful sections of these oral arguments to provide a comprehensive understanding of the information that will be crucial to know for anyone who wants to truly understand these cases. We also briefly discuss some of the most likely potential outcomes in this case.
We also discuss the history of Chevron Deference, the Administrative Procedures Act, the Magnuson-Stevens Act and the background of these two cases. We also spend some time exploring the future of the administrative state in a world without Chevron and why this change will leave all three branches of government better equipped to fulfill their actual constitutional duties, while being held more accountable for the actions and choices they make in the doing of that duty.
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Wow, you unpacked a whole lot in this episode. A tremendous amount of work on your part.
Even so, you still managed to get the "Goodness v Badness" judge Smales scene appropriately placed. Having the actual court dialog on that embedded player was really cool. Very helpful as well. I am impressed on your level of work & commitment for this topic. Most impressive.
I liked the "Modis Operodis" usage as well. Lets hope your "forecast" of Chevron is dead, is spot on.