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Bloomberg Law

SCOTUS May Cut Agency Power & JetBlue Spirit Deal Nixed

Jan 18, 2024
Constitutional law Professor Harold Krent discusses the Supreme Court potentially overturning a 40-year old precedent that weakens federal agency power. Jennifer Rie, Bloomberg Intelligence Senior Litigation Analyst, talks about a judge blocking the JetBlue-Spirit Airways $3.8 billion deal on antitrust grounds.
31:57

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Quick takeaways

  • The Supreme Court is considering overturning the Chevron Doctrine, which would weaken the power of federal agencies and risk billions of dollars in regulations in areas such as workplace conditions, drug safety, climate change, and cryptocurrency.
  • The application of the Chevron Doctrine is significant as it provides a structured way for courts to determine whether to uphold agency interpretations of ambiguous statutes, granting agencies more power, but conservative justices argue that judges should have the final say on statutory interpretations.

Deep dives

The Chevron Doctrine and its Significance

The podcast discusses the Chevron Doctrine, a landmark legal doctrine that affects agency power over various areas such as workplace conditions, drug safety, climate change, and cryptocurrency. The Chevron Doctrine requires judges to defer to agencies when they offer a reasonable interpretation of an ambiguous statute. The challenge against the doctrine puts regulations in multiple areas at risk and raises concerns about the billions of dollars potentially at stake. The debate centers around the proper balance between judicial respect and the authority of administrative agencies, with conservative justices expressing opposition to Chevron and emphasizing the skepticism of agencies' power. On the other hand, liberal justices argue that Chevron helps courts stay away from policy-making and recognizes agencies' expertise.

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