This is the Kator Daily Podcast for Tuesday, July 9th, 2019. I'm Caleb Brown.

The Supreme Court has significantly curtailed what is known as Our Deference.

The Deference Court's gift agencies when they interpret or change their interpretations

of their own regulations.

So what's that mean for regulating going forward?

Cato's Will Ye

comments.

Our deference, a u-e-r, is different from Chevron deference.

Chevron deference is the idea that courts ought to defer to administrative agencies

interpretations of statutes. Our deference seems more insidious in a way because it is courts deferring to the interpretations

of agencies or the non-interpretations of agencies of their own regulations.

And over time, those interpretations can change with no notice, no comment to the public.

The Supreme Court dealt with a case on this recently and it's

it's worth going into because things may have changed a little bit that's why I mean it's why I

I asked you to talk because I'm not sure what's

really changed our deference still exists but how has the case Kaiser v Wilkie

that came before the Supreme Court how has that altered what we understand about this kind of judicial deference

to regulatory agencies?

As with all Supreme Court changes in law, we'll have to wait to find out exactly. They sent signals and

the lower courts will act upon those signals. However, as I see it and as a lot of learned commentators see it, it is, it presents this peculiar case or situation whereby the court announced one result, but all the justifications and reasoning they gave

for that result suggests an opposite outcome.

And by that I mean that with a 5-4 vote the court officially upheld this doctrine

...