Lawfare Daily: The Supreme Court Takes the Bait: Loper Bright and the Future of Chevron Deference
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 12 July 2024
⏱️ 52 minutes
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Summary
Alan Rozenshtein, Associate Professor of Law at the University of Minnesota Law School and Senior Editor at Lawfare, and Molly Reynolds, Senior Fellow at the Brookings Institution and Senior Editor at Lawfare, spoke with Bridget Dooling, Assistant Professor of Law at The Ohio State University Moritz College of Law, and Nick Bednar, Associate Professor of Law at the University of Minnesota Law School, about the Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo, which overruled the decades-long Chevron doctrine that required courts to defer to reasonable interpretations of their statutes.
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Transcript
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| 0:00.0 | The following podcast contains advertising. |
| 0:04.0 | To access an ad-free version of the Lawfair Podcast, |
| 0:08.0 | become a material supporter of Lawfair at Patreon.com slash Lawfair. That's Patreon.com |
| 0:16.4 | slash Lawfair. Also check out Lawfair's other podcast offerings, rational security, chatter, lawfare no bull, and the aftermath. |
| 0:28.4 | We can read the opinion so that there's zero deference, that there's kind of some deference, |
| 0:38.7 | we'll call it Skidmore, or that there's more deference that the court actually didn't change Chevron at all |
| 0:44.7 | despite all this lofty rhetoric. It's the Lawfair Podcast. I'm Alan Rosenstein, |
| 0:50.3 | associate professor of law at the University of Minnesota and Senior Editor at Law Fair. |
| 0:54.8 | Co-hosting today with Molly Reynolds, Senior Editor at Law Fair and Senior Fellow at the Brookings Institution. |
| 1:00.0 | And we're talking with Bridget Ding assistant professor of law at the Ohio State |
| 1:03.2 | University and Nick Bednar associate professor of law at the University of |
| 1:06.8 | Minnesota. So we'll have to see I mean when I talk about kind of waiting for the |
| 1:11.5 | chips to fall what I mean is both you know what are the lower courts going to be up to and also what kind of incentives does or doesn't this shift, you know, for Congress. |
| 1:20.0 | Today we're discussing one of the highest profile cases from the Supreme Court term |
| 1:23.7 | Loper Bright Enterprises versus Raimondo which overturned the decades-long Chevron |
| 1:28.4 | doctrine about judicial deference to agency interpretations of their own statutes. |
| 1:32.1 | All right Bridget, let me start with you. to agency interpretations of their own statutes. |
| 1:33.3 | All right, Bridget, let me start with you. |
| 1:35.2 | So I think it'd be helpful as background |
| 1:37.5 | for our listeners, especially those listeners |
| 1:40.0 | who don't have the luxury of thinking of ad law all day every day. |
| 1:43.6 | What was the state of the law until the end of this Supreme Court term |
... |
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