Episode 300: How SCOTUS Could Shrink the Administrative State

In theory, the case is a simple question: Must fishing rig owners pay the government for the mandatory government inspectors who attend those rigs? But in deciding that question, the Supreme Court must consider a more complicated one: How much “deference” do the courts owe to federal regulatory agencies’ interpretations of the law? The prevailing rules, known as Chevron deference after a Supreme Court case involving the oil company, demand wide deference to agencies, but that is now being questioned in a case before the Supreme Court which might reverse or constrain Chevron deference. Joining us to discuss this is Paige Gilliard, an attorney at the Pacific Legal Foundation.

Links:

7 Takeaways From Arguments In The SCOTUS Case That Could Slay The Administrative State

The Separation of Powers: {Explained}

Three Chevron Deference nightmares: What happens when courts defer to federal agencies

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