How Landmark SCOTUS Ruling on Chevron Deference Curbs Federal Agency Power: Philip Hamburger
American Thought Leaders
The Epoch Times
4.9 • 1.2K Ratings
🗓️ 9 July 2024
⏱️ 41 minutes
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Summary
In a major decision last week, the Supreme Court overturned the Chevron doctrine in a 6–3 vote.
Critics called Chevron the “Lord Voldemort” of administrative law. So what was Chevron deference exactly? How did it transform the federal government? And what are the implications of this recent Supreme Court decision?
In this episode, I do a deep dive with constitutional law scholar and Columbia Law professor Philip Hamburger. He’s the founder and CEO of the New Civil Liberties Alliance, which argued the two relevant cases in front of the Supreme Court.
Views expressed in this video are opinions of the host and guest, and do not necessarily reflect the views of The Epoch Times.
Transcript
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| 0:00.0 | In a major decision, the Supreme Court recently overturned the Chevron deference doctrine. |
| 0:05.4 | Critics called it the Lord Foldemort of administrative law. So what is this obscurely named doctrine, |
| 0:10.8 | really? How did it transform the federal government and what are the |
| 0:14.8 | implications of the recent Supreme Court decision? If they're going to hand off |
| 0:18.9 | rulemaking to agencies it should be authorized by Congress and I think that will be a pressure on Congress to actually get back to its legislative function. |
| 0:26.0 | In this episode, I do a deep dive with constitutional law scholar and Columbia law professor Philip Hamburger. |
| 0:33.0 | He's the founder and CEO of the New Civil Liberties Alliance, |
| 0:36.7 | which argued the case in front of the Supreme Court. |
| 0:39.9 | This is American Thought Leaders, and I'm Yanya Kelleck. |
| 0:44.0 | Philip Hamburger, such a pleasure to have you on American Thought Leaders. |
| 0:48.0 | Thank you. |
| 0:49.0 | It's a great pleasure to be here. |
| 0:50.0 | Well, we're going to talk about the exciting topic of administrative law today. |
| 0:55.0 | I mean, I'm kind of joking. It is actually really exciting, but it doesn't sound it at first glance. |
| 1:01.0 | There's a couple of really major Supreme Court cases which have been decided in the |
| 1:08.1 | realm of administrative law there's one key one and people have been hearing this term, Chevron deference, and you |
| 1:15.2 | hear it and you wonder to yourself, what could that possibly be? |
| 1:19.1 | Why don't you give me a picture here? |
| 1:20.1 | Right. |
| 1:21.1 | I must say that I knew Chevron was on the way out when I was taking a taxi here. Right. I must say that I knew Chevron was on the way out when I was taking a taxi here in New York City and |
| 1:25.8 | the taxi driver wanted to talk to me about Chevron and how bad it was. |
| 1:30.1 | So that was a clear sign to me that Chevron was on the way out. |
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