This is John Bachelor, conversation with my colleague Professor Richard Epstein, Senior Fellow at the

Hoover Institution, teaches law at NYU and the University of Chicago. The Supreme Court

ends the Chevron Doctrine from the 1980s, deferring to the agency bringing

an allegation, say the EPA, the ability not only to allege but also to gather evidence and to judge. That is

now ended six to three in the court. There is a caveat however and, and Richard explores it, also makes remarks about the dissenting position.

Richard Epstein, on the end of Chevron, with a twist, more of this tonight.

Well, I would say it's cancelled. with a twist, more of this tonight.

Well, I would say it's canceled with a caveat.

It's very clear that this thing is gone,

but there is a second-tier decision,

thoroughly confused in its own term,

called Skidmore.

And what that says is if you have a well-considered

opinion written by an agency, it's entitled to respect whatever that means.

So there's no deference.

What it means is it has a little bit more punch.

But I think this is the correct way to think about expertise in general.

If you've got an expert agency that really knows what it's doing

and it prepares a report which is

absolutely good they don't need any presumption they just go there and win the case

on the merits they only need the presumption when it turns out that their expertise

is shamahalo and that's the way it turns out that their expertise is Shamahalo.

...