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.
