The Lawfare Podcast

Lawfare Daily: The Supreme Court Takes the Bait: Loper Bright and the Future of Chevron Deference

23 snips
Jul 12, 2024
Law professors Bridget Dooling and Nick Bednar discuss the recent Supreme Court decision overturning the Chevron doctrine, exploring the implications for administrative law. They delve into the Loper Bright case, agency interpretations, deference standards, and the broader impact on separation of powers. The podcast also touches on online privacy protection with Delete Me and analyzes the Corner Post decision's effects on administrative law and presidential authority.
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INSIGHT

Loper Bright Overturns Chevron

  • The Supreme Court's Loper Bright Enterprises v. Raimondo case overturned the Chevron doctrine.
  • This doctrine required courts to defer to reasonable agency interpretations of statutes.
INSIGHT

Agency Power and Statutory Ambiguity

  • Agencies derive their power from statutes granted by Congress.
  • Statutory ambiguity necessitates judicial deference doctrines to guide interpretation.
INSIGHT

Skidmore Deference Explained

  • Skidmore deference, predating Chevron, involves giving agency interpretations some weight, though not decisive.
  • Other deference options range from no deference to absolute deference.
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