https://youtu.be/GdlePIECjGc

Podcast audio:

In this episode of New Ideal Live, Onkar Ghate and Adi Dynar discuss the Supreme Court's overturning of its 1984 Chevron doctrine, which held that courts should sometimes defer to a federal agency’s interpretation of a vague law.

Among the topics covered:

How Chevron gave the executive branch the power to make law, thereby incentivizing the passing of vague laws;

How Chevron made it harder for individuals to challenge regulations;

The majority opinion’s insufficient stress on the issue of the separation of powers;

Why the argument that courts lack factual expertise is a smokescreen;

How the practice of deference relies on a presumption in favor of government power;

The Court's failure to articulate the principle of the rule of law;

Why it is unlikely that this decision will cause legal chaos.

The podcast was recorded on July 3, 2024. Listen and subscribe from your mobile device on Apple Podcasts, Google Podcasts, Spotify or Stitcher. Watch archived podcasts here.