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Courthouse Steps Decision: Loper Bright & Relentless 

The Federalist Society
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Chevron v. NRDC (1984) and subsequent precedents held that courts should defer to agency interpretations of ambiguous statutes. This “Chevron Deference” has been a topic of great debate, with many calling for it to be overturned, while others argue it is a vital part of how Courts address the complexity of law and agency actions.
In two cases this term (Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce) the Court considered challenges to that precedent. Oral argument was heard in both cases on January 17th, 2024.
On June 28, 2024, a 6-3 Court issued its decision overturning Chevron, in a decision that may notably change the nature of the administrative state and the role of judges in reviewing agency actions moving forward.
This was a courthouse steps program where we discussed and broke down the decision and the potential future impacts of this sea change in administrative law.
Featuring:
Prof. Ronald M. Levin, William R. Orthwein Distinguished Professor of Law, Washington University in St. Louis School of Law
John J. Vecchione, Senior Litigation Counsel, New Civil Liberties Alliance
(Moderator) Prof. Kristin E. Hickman, Distinguished McKnight University Professor and Harlan Albert Rogers Professor in Law, University of Minnesota Law School
* * * * *
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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25 авг 2024

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Комментарии : 10   
@shawnsantiago8636
@shawnsantiago8636 Месяц назад
I remember every scholar predicting that the court would “kisor”-ize chevron doctrine, notably, because everyone thought they wouldn’t pull the plug. I don’t remember reading any reference to kisor v wilkie in the opinion, but i could be wrong
@joshhawkins2765
@joshhawkins2765 Месяц назад
Roberts’ concurrence in Kisor basically said that they weren’t gonna do that
@LegalesePodcast
@LegalesePodcast Месяц назад
Kisor is cited in Gorsuch's concurrence and Kagan's dissent.
@shawnsantiago8636
@shawnsantiago8636 Месяц назад
@@LegalesePodcast thank you!
@LegalesePodcast
@LegalesePodcast Месяц назад
@@shawnsantiago8636 given the oral arguments in this case it seemed pretty clear they were going to do what they basically did, replace Chevron with Skidmore.
@goddess_of_Kratos
@goddess_of_Kratos Месяц назад
Wonder who might have influenced this big reversal 😊 team effort
@LegalesePodcast
@LegalesePodcast Месяц назад
I especially wonder who or what got the Chief Justice on board. He's always seemed to believe stare decisis should take precedent (pun intended) over fixing mistakes from the past. Now, he didn't merely change his mind, his majority opinion was one of the most finely crafted arguments for overturning Chevron I have ever read.
@SJ-lm7xz
@SJ-lm7xz Месяц назад
This country has too many agencies. That make too many regulations. The government that was created by the People for the People has undergone a corporate takeover. The People became too busy earning a living and it’s time to get out the tractor and bush hog. ❤
@SJ-lm7xz
@SJ-lm7xz Месяц назад
I bet those observers were a non profit association. National non profit.
@LegalesePodcast
@LegalesePodcast Месяц назад
@@SJ-lm7xz No, they were part of the National Marine Fisheries Service, which is an Executive Branch administrative agency... How would Loper Bright even be a case if the NMFS were anything other than a Congressionally enacted administrative agency, since the Chevron Doctrine referred SOLELY to statutory interpretations by government created administrative agencies???
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