Show Notes - Did The Supreme Court Just Declare War On Federal Regulations (Part 1)

Watch Episode 42

Today on Legalese, we will be discussing the Supreme Court's grant for judicial review on the case Loper Bright Enterprises v. Raimondo. This case is controversial because of the distinct (though highly unlikely) possibility that it may see Chevron Deference overruled entirely.

Chevron Deference is perhaps the most prolific legal doctrine in the whole of administrative law. This doctrine arose from a landmark Supreme Court case:

Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837.

Chevron was a landmark case in which the United States Supreme Court set forth the legal test for determining whether to grant deference to a government agency's interpretation of a statute which it administers.

This case is, again, worth discussing because Chevron Deference supporters and detractors alike are both being sold two very different, but equally fallacious narratives about what the potential outcome of this case may be and the impact that they claim it will have on the entire system of federal regulations nd administrative law.

Today's episode is the first of two I will be putting out about this case. Today's video will focus on the background information needed to understand the Loper Bright case as a matter of law.

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Articles, documents, videos & other cited primary sources

• Loper Bright Enterprises v. Raimondo

• National Review - Supreme Court to Hear Case That Could Rein in Federal Agencies

• A new Supreme Court case seeks to make the nine justices even more powerful

• Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc

• Chevron U.S.A., Inc. v. NRDC, 467 U.S. 837 (1984).

• Cornell Law - Chevron deference

• SKIDMORE et al. v. SWIFT & CO. & "Skidmore Deference"

• Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.

• Extract from Thomas Jefferson to Charles Clay -Monticello Jan. 27. 1790

• Sunstein, Cass R., Chevron Step Zero at SSRN

• Supreme Court to Hear Case That Could Rein in Federal Agencies

• Adler, Jonathan H., A "Step Zero" for Delegations (November 23, 2021). Case Legal Studies Research Paper 2020-21, at SSRN

• Breyer, Stephen. “JUDICIAL REVIEW OF QUESTIONS OF LAW AND POLICY.” Administrative Law Review 38, no. 4 (1986): 363–98. .

• Gutierrez-Brizuela v. Lynch, 834 F.3d 1142 (10th Cir. 2016)

• Jonathan H. Adler, Restoring Chevron’s Domain, 81 Mo. L. Rev. (2016)

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Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.