Show Notes - Chevron Is Dead, Long Live Chevron
Show Notes - Chevron Is Dead, Long Live Chevron
Description
Episode #68
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.
I have maintained for the last several years, ever since I first started following and discussing the Loper Bright case in 2022, that we will not see the Court actually stepping up and overruling Chevron as a result of this case…
I now believe that is exactly what will happen.
While no one ever likes having to admit they are wrong, this is one instance where I am content to admit my mistake all the same— because the outcome is just too good to not be entirely happy with it.
This shift in my prediction is due entirely to the four hours of oral arguments that were made in these two cases. The Court really gave the game away by the fact that so much of their questions and opinions seemed to be predicated on what happens WHEN we overrule Chevron, not IF we overrule Chevron. This is why it seems perfectly clear that the Court is preparing to overrule the Chevron Doctrine.
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.
Links
Chevron v NRDC / Chevron Doctrine / Chevron Deference
Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. at Wikipedia
Chevron deference on Cornell Law
The Future of Chevron Deference at Federalist Society
At the Supreme Court, Chevron Deference Has Morphed into the Application of the Tools of Construction at Cato Institute
Chevron Deference: A Primer - Congressional Research Service
Chevron Deference: Your Guide to Understanding Two of Today’s SCOTUS Decisions at Supreme Justia
Relentless Inc. v Department Of Commerce
Supreme Court likely to discard Chevron on SCOTUSblog
Relentless Inc. v Department Of Commerce Docket Page at SupremeCourt.gov
Relentless Inc. Petition For Cert at SupremeCourt.gov
Relentless Inc. Question Presented at SupremeCourt.gov
Relentless Inc. Oral Arguments (Audio) at SupremeCourt.gov
Relentless Inc. Oral Arguments (Transcript) at SupremeCourt.gov
Loper Bright Enterprises v Raimondo
Loper Bright Enterprises v Raimondo - Wikipedia
Supreme Court will consider major case on power of federal regulatory agencies at SCOTUSBlog
Loper Bright Enterprises v. Raimondo at SCOTUSblog
Loper Bright Enterprises, Inc. v. Gina Raimondo at LoperBrightCase.com
Loper Bright Enterprises v Raimondo Docket Page at SupremeCourt.gov
Loper Bright Question Presented at SuoremeCourt.gov
Loper Bright Enterprises Petition For Cert at SupremeCourt.gov
Loper Bright Enterprises Oral Arguments (Audio) at SupremeCourt.gov
Loper Bright Enterprises Oral Arguments (Transcript) at SupremeCourt.gov
Magnuson-Stevens Act
Administrative Procedures Act
Administrative Procedure Act at Cornell Law
Administrative Procedure Act (5 U.S.C. Subchapter II) at National Archive
Judicial Review Under the Administrative Procedure Act (APA) at Congressional Research Center
De Novo Review
De Novo at Cornell Law
De Novo Judicial Review: Meaning, Overview, Types at Investopedia
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