SCOTUS May Cut Agency Power & JetBlue Spirit Deal Nixed
Jan 18, 2024
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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.
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.
Reasonable Interpretation and Agency Power
The application of the Chevron Doctrine is crucial as it provides a structured way for courts to determine whether to uphold agency interpretations of statutes, especially when the statutes are vague or ambiguous. The court defers to an agency's reasonable interpretation if the statute's clarity is uncertain. This grants agencies more power and the ability to adapt interpretations as social and political conditions evolve. The significance of this lies in the impact on both businesses and individuals regulated by the government. However, conservative justices oppose Chevron, asserting that judges should have the final say on interpreting statutes rather than sharing that power with agencies.
The Debate within the Supreme Court
The podcast discusses the viewpoints of the Supreme Court justices during oral arguments on the Chevron Doctrine. While a super majority of the court expressed concerns and discomfort with Chevron, it remains unclear whether a majority intends to completely overturn the doctrine or to limit its application. Chief Justice John Roberts and Justice Amy Coney Barrett seemed to be on the fence, with Barrett highlighting the potential legal upheaval and instability created by overturning Chevron outright. The justices' decision on Chevron's fate may have implications for numerous cases that have relied on the doctrine and would require reconsideration.
Implications and Criticisms of Chevron
The podcast explores the implications of Chevron's potential reversal or limitation. Critics argue that overturning Chevron could lead to disarray, with multiple interpretations of statutes enforced across different circuits. This could create uncertainty and challenges for businesses and individuals involved in ongoing cases. While proponents of Chevron defend its role in promoting uniformity and helping courts avoid policy-making, opponents argue that judges should have the final say on statutory interpretations. There is also a debate on whether Congress prefers agencies to fill in gaps in statutory meaning or if the court should handle ambiguities, with some arguing that Chevron aligns with Congress's intent of working together with agencies.
Constitutional law Professor Harold Krent, a professor at the Chicago-Kent College of Law, discusses the Supreme Court weighing overturning a 40-year old precedent that will weaken the power of federal agencies. Jennifer Rie, Bloomberg Intelligence Senior Litigation Analyst, discusses a judge blocking the Jet Blue-Spirit Airways $3.8 billion deal. June Grasso hosts.