Congressional Dish CD315: Judicial Power
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Apr 12, 2025 Josh Chaffetz, a Georgetown University law and politics professor, and Jonathan Gaffney, a high-ranking lawyer at the Congressional Research Service, dive into the transformative impact of recent Supreme Court decisions on Congress. They discuss the Loper Bright Enterprises vs. Raimondo case and its implications for Chevron deference, revealing how these shifts amplify judicial power over legislative actions. The conversation highlights Congress's struggle to adapt and the urgent need for clearer guidance amidst evolving regulatory challenges.
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Loper Bright Overturned Chevron Deference
- The Supreme Court's Loper Bright decision overturned Chevron deference, shifting interpretive power from agencies to courts.
- This change forces Congress to write laws with clear, specific language to ensure effective enforcement.
Power Shift to Judiciary
- The end of Chevron deference boosts judicial power at the expense of agencies and legislature.
- Courts now have more influence in statutory interpretation than the elected Congress or administration.
Federalist Society's Contradictory Stance
- The Federalist Society advocates for interpretation of statutes by politically independent judges, despite their own political agenda influencing judicial appointments.
- This creates tension, as recent Republican critiques target judicial political bias, yet they rely on judicial interpretations benefiting their goals.