Live-streamed on 01/22/24
Elie Mystal, justice correspondent at The Nation, discusses the oral arguments that took place at the Supreme Court last week for Loper Bright Enterprises v. Raimondo.
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Elie Mystal then dives right into the history of SCOTUS’ Chevron Doctrine, with the right championing in the 1980s as Reagan attempted to use his cabinet to cripple the relatively nascent administrative state, and the unanimous decision by the Court to delegate the reading of administrative law to the experts in the agencies, rather than allowing for themselves and lower court judges to dictate the meaning of all legislation. After briefly running through this decision’s relationship to the budding institution of the modern administrative state, and why - despite the conservative origin of the case - it is hugely important for the functioning of government and democracy as a whole, Mystal tackles the massive role the Chevron Doctrine has played since it was established in 1984, deciding some 17,000 cases, and the complete legal chaos that would be caused by overturning it. Elie and Emma also touch on the asymmetrical nature of this fight - with the difficulty of governance further inflamed by the ease of obstruction - and parse through the various ideological stances of the conservative Supreme Court justices that are likely to decide this case, before wrapping up with the future of the fight for the administrative state, why it might lie (unfortunately) in Congress.
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