Gray Matters: Eli Nachmany on the Stare Decisis Effects of Loper Bright 1
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4.4 • 652 Ratings
🗓️ 27 November 2025
⏱️ 58 minutes
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| 0:00.0 | Welcome back to Gray Matters, the podcast of the C-Boid and Gray Center for the study of the administrative state. |
| 0:16.5 | I'm Jace Lington, the Gray Center's Policy and strategy director. Here with me has Bennett Nuce, |
| 0:21.8 | the Gray Center's new research director. And I won't be able to say new for long, but to start this |
| 0:27.3 | off, I just wanted to say, thanks, Bennett, for jumping in last minute during the tariff episode. |
| 0:31.8 | No, it's totally fine. We had a great conversation. I'm just glad that we were able to get the |
| 0:37.0 | episode in, and we're glad to |
| 0:38.3 | have you back. So much has been said about the overturning of Chevron deference in the |
| 0:42.9 | Loper Bright decision last summer. While some predicted a pro-democratic revolution in lawmaking, |
| 0:49.5 | and others anticipated that the whole administrative state might collapse under its own weight |
| 0:53.8 | without the |
| 0:54.2 | option of deference. It seems like since the reversal, neither prediction has come to pass. The |
| 0:59.9 | engine of government continues chugging along, and today's guest has written a useful paper called |
| 1:06.2 | Deference Undisturbed that might offer an explanation about why this might be the case. |
| 1:11.6 | And he presented this paper at a Gray Center roundtable earlier this year. |
| 1:15.6 | So I guess today is Ellie Nukmani. |
| 1:17.7 | He's an associate at Cumberton and Burling, but in his spare time somehow still finds |
| 1:22.6 | time to join us in the legal academy. |
| 1:26.0 | And this paper we're talking about today is his take on what |
| 1:29.4 | statutory stare decisis means in the context of Loper Bright. I also want to say he's the current |
| 1:35.1 | president of the D.C. Young Lawyers chapter for the Federalist Society. And most importantly, |
| 1:40.5 | he's a good friend of the Gray Center. Ellie, welcome back to Gray Matters. |
| 1:44.8 | Hey, Jace, thanks so much for having me. |
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