CAFE Insider 1/2: Do Agencies Have Agency? (with Rachel Barkow)

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News, Society & Culture, Politics, Government

4.8 • 32.4K Ratings

🗓️ 2 January 2024

⏱️ 18 minutes

🔗️ Recording | iTunes | RSS

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Summary

In this special episode of the CAFE Insider podcast, Joyce Vance interviews Rachel Barkow, while Preet is out. Barkow, who recently became a CAFE contributor, is a professor at NYU Law School and author of Prisoners of Politics: Breaking the Cycle of Mass Incarceration. She also served on the U.S. Sentencing Commission from 2013 to 2019. In this excerpt from the show, Barkow discusses the high stakes of the forthcoming oral arguments in Loper Bright Enterprises v. Raimondo, a case that asks the Supreme Court justices to overturn the long-standing Chevron doctrine that says courts should defer to federal agencies’ interpretation of ambiguous laws. In the full episode, Barkow further discusses other consequential administrative law cases before the Supreme Court: – CFPB v. Community Financial Services Association of America, which could invalidate the funding structure of the Consumer Financial Protection Bureau; and – SEC v. Jarkesy, which asks whether SEC enforcement actions are consistent with the 7th Amendment’s right to a jury trial. Preet will be back next week. Stay informed. For analysis of the most important legal and political issues of our time, become a member of CAFE Insider: www.cafe.com/insider. You’ll get access to full episodes of the podcast, and other exclusive content. This podcast is brought to you by CAFE Studios and Vox Media Podcast Network. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Transcript

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0:00.0	Hey folks Joyce Vance here.
0:03.8	Preed is out this week so on today's episode of Cafe Insider
0:07.4	I'm joined by Rachel Barco.
0:09.1	Rachel recently became a cafe contributor.
0:11.9	She writes a monthly note like the one that I also write.
0:15.0	Rachel is also a professor at NYU Law School where she teaches courses in criminal law,
0:20.0	administrative law, and constitutional law.
0:23.2	She served on the United States Sentencing Commission from 2013 to 2019.
0:28.6	Today we'll be discussing three administrative law cases that are before the Supreme Court this term.
0:34.4	You know, administrative law rarely makes big headlines, but these cases could have major implications.
0:40.3	In one case, the issue is whether the justices should overturn a long-standing doctrine that says courts should defer to federal agency's interpretation of ambiguous laws.
0:49.2	Another case asks whether SEC enforcement actions require jury trials under the 7th Amendment.
0:55.5	And the last case could invalidate the funding structure of the Consumer Financial Protection
0:59.8	Bureau.
1:00.8	Today we're sharing an excerpt from the episode with listeners of stay tuned.
1:04.8	To hear our full conversation and access all other Café Insider content, try the membership for
1:10.0	just $1 for one month.
1:12.4	You can do that at cafe.com slash insider.
1:15.5	That's cafe.com slash insider.
1:18.6	We look forward to having you as a part of the insider community.
1:28.0	Look, there are big cases this term. I want to start right in the middle, though,
1:30.0	with Loper Bright Enterprises versus Raimondo,
	...

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