Showing posts with label Chevron. Show all posts
Showing posts with label Chevron. Show all posts

Saturday, June 29, 2024

The Supreme Court gives the right a huge victory over expertise - The Washington Post

"A rule of judicial humility gives way to a rule of judicial hubris," she wrote. She later added another pointed criticism: "In one fell swoop, the majority today gives itself exclusive power over every open issue — no matter how expertise-driven or policy-laden — involving the meaning of regulatory law." 

"As if it did not have enough on its plate," Kagan continued, "the majority turns itself into the country's administrative czar." 

The decision is unquestionably a function of the business-friendliness of the conservative majority. Revoking Chevron means that businesses frustrated by regulations don't have to appeal to scientists and bureaucrats but can, instead, hire lawyers and talk to judges — terrain where their odds of success are much higher in part because the judges aren't subject-matter experts…


Thursday, January 18, 2024

At Chevron arguments at Supreme Court, Kagan’s questioning exposes the stakes

She summed up the issue as whether the countless policy issues confronting the nation will be decided by courts that don't have expertise or agencies that do... 

For context, it's important to understand that the Chevron decision came in 1984, when Republicans had executive power and wanted to wield it instead of judges. Now that Republicans have reshaped the high court — cementing a 6-3 conservative majority — they want the justices to hold that power…

Monday, July 8, 2019

My Deference & Auer Deference (Kisor v. Wilkie) (Opening Arguments podcast OA293)

Today’s episode revisits a narrow area of administrative law we last discussed in Episode 266, namely, Auer deference. Andrew made a bold prediction in that episode, and find out where he was wrong — and where he was right now that the Supreme Court has ruled in Kisor v. Wilkie. We also discuss the recent unsealing of court records thanks to a CNN reporter and we witness the return of listener favorite segment “Are You A Cop?” with a fabulous question about drinking and driving. Buckle up!

We begin, however, with a look at a recent request made by CNN’s Katelyn Polantz regarding certain court proceedings and records relating to the Mueller Investigation. Does this mean that “BILL BARR KILLED 7 OPEN INVESTIGATIONS?” (No.) But it is significant, and you won’t want to miss why.

Then, it’s time for a deep-dive explainer that starts with a reminder on the principles of agency deference. Don’t remember the exact difference between Chevron deference and Auer deference? We’ve got you covered — including, in particular, how the latter came under attack in Kisor v. Wilkie, a case involving a retired servicemember challenging the internal agency regulations governing disability pay. Should the courts defer to an agency’s interpretation of its own rules, or should it be wildly activist and defer to Neil Gorsuch’s interpretation of those rules? Kisor gives us a slightly different answer than you might expect, all while angling us towards the day soon to come in which the Supreme Court greatly expands the power of the judicial branch.

After that, it’s time for Are You A Cop? featuring some truly terrible advice for how to beat a DUI arrest. (Please do not do this.) We talk about standards of evidence while debunking the notion that you should… drink more when you’re pulled over? (It’s a weird question.)

As if that wasn’t enough, we end with the answer to Thomas Takes The Bar Exam #132 about an escaped, de-fanged, venomous snake. Who’s responsible? Listen and find out!
Interview:
https://openargs.com/oa293-my-deference-auer-deference-kisor-v-wilkie/








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