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WSJ Opinion: Potomac Watch

The Supreme Court Might Rein In the Administrative State

WSJ Opinion: Potomac Watch

The Wall Street Journal

Society & Culture, News

42.7K Ratings

🗓️ 17 January 2024

⏱️ 24 minutes

🧾️ Download transcript

Summary

Who should decide the meaning of an "ambiguous" federal law, regulatory agencies or judges? That's the question the Justices are considering in a pair of cases that challenge a doctrine known as "Chevron deference," named after a 1984 precedent. What is the history of this kind of deference to the executive branch, and why do critics view it as constitutionally problematic? Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

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From the opinion pages of the Wall Street Journal, this is Potomac Watch.

0:37.0

The Supreme Court here is a big case that could reign in the administrative state.

0:44.0

Welcome, I'm Kyle Peterson with the Wall Street Journal.

0:47.0

We are joined today by my colleagues, columnist Alicia Finley and Kim Strassal.

0:54.0

Forty years ago, in 1984, the Supreme Court issued a decision

0:58.6

in a case called Chevron v NRDC,

1:02.3

and it obligated judges to defer to the government's interpretation of ambiguous statutes.

1:09.6

For a long time now, these regulatory agencies have taken that as an invitation to steer the law

1:15.4

toward their policy objectives of their presidents and their administrations with

1:20.2

little oversight from the judicial branch.

1:23.2

But on Wednesday the Supreme Court is hearing a pair of cases

1:26.6

that could reverse this so-called Chevron deference.

1:29.6

Those cases are Loperbright Enterprises versus Raimondo, and Relentless Inc versus Department of Commerce.

1:37.0

Let's start with a clip of oral argument.

1:39.3

This is Justice Alana Kagan, suggesting to the attorney for Relentless Inc that reversing Chevron would

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