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Cato Podcast

A Correction on Deference and SCOTUS

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 11 March 2020

⏱️ 9 minutes

🧾️ Download transcript

Summary

It turns out that the Supreme Court isn't as deferential to executive agencies than the court's recent moves might indicate. Will Yeatman comments.

Related podcast: Why Did the Supreme Court Turn Away This Case on Regulatory Overreach?

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Transcript

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0:00.0

This is the Cato Daily Podcast for Wednesday, March 11, 2020. I'm Caleb Brown.

0:06.5

It's a fool's errand to prognosticate, perhaps Cato's Will Yeatman should get that tattooed somewhere somewhere in discussing a case about so-called

0:15.0

Chevron deference and how the Supreme Court looks to handle that particularly pernicious

0:20.5

aspect of administrative law,

0:22.8

Yatman did just that.

0:24.4

He prognosticated.

0:26.3

And in light of some new comments from Justice Neil Gorsuch,

0:29.5

here is Mr. Yatman's Mea-Culpa.

0:32.0

About a week ago, you and I were talking for the Cato Daily

0:35.3

podcast about deference and the Supreme Court had turned away a case that appeared to be one tailor-made to do away with some

0:52.0

deference that courts tend to give to executive agencies.

0:57.0

And you said that it would be a fool's errand to prognosticate exactly why the Supreme Court turned away this opportunity

1:08.0

to grapple with this issue once again, and yet you persisted.

1:15.1

So you prognosticated something, we won't commit the error of repeating your mistake here, but you are here in some ways to apologize to this audience and say I got

1:28.1

it wrong is that right me a copa me a copa to all your to all your

1:32.3

listeners I led you astray last week, I'll be it with that caveat that I mentioned.

1:36.7

I said it was a fool's errand and I nonetheless did it and I demonstrated that I'm a fool.

1:41.4

But it's a happy mistake, I'll note that.

1:44.8

So what has Justice Gorsuch said?

1:48.8

And you don't have to provide the full context here, but there are a couple of different kinds of deference

1:55.0

that courts give to executive agencies in the name of expediency.

2:00.0

What is that deference and what did Justice Gorsuch say with respect to turning away this particular case?

...

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