Chevron Is Dead, Long Live Chevron
Chevron Is Dead, Long Live Chevron

Chevron Is Dead, Long Live Chevron

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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 interpretation of a law.
While I have maintained for the last several years, ever since I first started following and discussing the Loper Bright case, that we will not see the Court actually stepping up and overruling Chevron as a result of these cases. 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 could not be happier to be able to say that I was mistaken.
Following oral arguments it seems perfectly clear that the Court is preparing to overrule the Chevron Doctrine. Today we discuss why I believe that is the most logical and probable outcome in this case.
I also discuss why I had been so skeptical of this potential outcome and we do a deep dive into the oral arguments to highlight precisely why and how my opinion on the matter has completely shifted.
We also discuss the history of Chevron Deference 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.

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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.

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