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The John Batchelor Show

#SCOTUS: Correcting Chevron. Richard Epstein, Hoover Institution

The John Batchelor Show

John Batchelor

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4.52.8K Ratings

🗓️ 26 July 2023

⏱️ 15 minutes

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Summary

Photo: LA 1940. No known restrictions on publication.
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#SCOTUS: Correcting Chevron. Richard Epstein, Hoover Institution
https://www.eenews.net/articles/ferc-chevron-doctrine-fight-arrives-at-supreme-court/

Transcript

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0:00.0

This is CBS. I am the world. I am John Batch. The Chevron case from the 20th century.

0:11.2

It's before us again, before the Supreme Court, in instances that were recommend resolution

0:18.3

of attention that I learn from an amicus brief that Professor Richard Epstein of the

0:24.1

Hoover Institution has provided for me. The choices are this. It might be over simplistic,

0:29.4

but I'm an amateur at this, so I do the best I can. Chevron is about the separation

0:35.8

of powers question. And in one instance, Congress overdelegates to administrative agencies,

0:42.7

the executive. In the other instance, those administrative agencies, the executive, overreach.

0:48.4

We go back and forth. What is an example of this? During the recent pandemic horror stories,

0:55.4

the attempt by the administration, the executive branch, to put a moratorium on rents, for

1:02.7

example, or to map into mandate vaccinations, for example, or the Clean Air Act to change

1:11.3

the way electricity is generated in the country. That is regarded as overreach. And the

1:17.3

Chevron story is at the center of it. Professor, a very good evening to beg pardon for mistating

1:22.9

any of this. You will help me understand. I've read the analysis brief. Good evening to you.

1:27.8

Okay. I usually think it's probably useful to take a bit of history before you got the

1:34.4

Chevron. It was an 1984 decision. And the seeds of this problem start with the basically

1:40.9

at the New Deal. Because the New Deal was the first time in which we have the creation

1:45.6

of large numbers of alphabet agencies, each of which have enormous powers. And so we have

1:51.2

the SEC on the one hand. And so we have the Federal Trade Commission and so forth. And we have

1:57.4

the Department of Labor. And so the first case on Chevron is a case called Skidmore, which was

2:03.4

decided in 1944. And what they were trying to do is to figure out how you apply the overtime

2:09.5

rules for time and a half to people who had very hard jobs. The general rule in administrative

2:16.2

law and Chevron is an illustration of this as well. This is the conscientious administrative

...

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