This is CBS I and the World. I'm John Bachelor joined by Professor Richard Epstein,

senior fellow for the Hoover Institution, teaches law at NYU and the University of

Chicago. This document from Skoda's blog dated June 28th of this year.

In a major ruling, the Supreme Court cut back sharply on the power of federal agencies to interpret the laws they administer and

ruled that courts should rely on their own interpretation of ambiguous laws.

This is the Chevron deference.

It dates from 1984 the Chevron versus Natural Resources,

which gave rise to the doctrine known as the Chevron doctrine.

Under that doctrine, if Congress has not directly addressed the question at the center of a dispute, the court was required to uphold the agency's interpretation of the statute as long as it was reasonable. In a 35-page

ruling by Chief Justice Roberts, the justice rejected that doctrine, calling it, quote,

fundamentally misguided.

Professor a very good evening to you your most recent article with your colleague

Mr Loyola is advancing the opinion that Justice Roberts did right, did amazingly right.

And we need to celebrate Justice Roberts for reversing.

What you'd have to say is,

FDR's worst idea as president, which was packing the court.

Can I connect those two events, 1937,

and the court packing with the Chevron deference and how the courts have

permitted the executive branch to get more and more powerful until this

moment good evening to you Well I mean there are certain

parallels but the fundamental differences as well. The 1937 fight was

about a court that was obdurate and refused to go along with the new deal.

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