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Cato Daily Podcast

How Will the New Regulatory Landscape Change Congress?

Cato Daily Podcast

Caleb Brown

Politics, News Commentary, 424708, Libertarian, Markets, Cato, News, Immigration, Peace, Policy, Government, Defense

4.6949 Ratings

🗓️ 13 December 2024

⏱️ 12 minutes

🧾️ Download transcript

Summary

Federal courts won't be deferring to federal agencies as often going forward. How does that change Congress's need for expertise when legislating? Joe Luppino-Esposito of the Pacific Legal Foundation has a few ideas.

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Transcript

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0:00.0

This is the Cater Daily podcast for Friday, December 13th, 2024.

0:08.9

I'm Caleb Brown.

0:09.8

The regulatory landscape has changed with some big changes imposed by the U.S. Supreme Court.

0:15.0

How does that change the way Congress writes laws, extends authority to executive agencies,

0:19.8

and perhaps even develops its own in-house

0:22.8

expertise. Joe Lupino Esposito is Deputy Legal Policy Director of the Pacific Legal Foundation.

0:28.6

We spoke in August.

0:31.7

After many conversations with your colleague, Willie Yateman, and sort of evaluating the, it's really hard to

0:40.2

overestimate the fallout from Loper Bright of ending the so-called Chevron Doctrine.

0:48.1

And for careful listeners of the Cato Daily podcast, you'll note that the Chevron Doctrine

0:53.2

was effectively a requirement that courts

0:56.8

defer to reasonable interpretations of statutory grants of statutory authority that were undertaken

1:04.0

by executive branch administrative agencies. So that's over. Courts don't defer anymore to these specific kinds of agency

1:13.6

interpretations. And so my hoped for results from the end of the Chevron doctrine was Congress will have to

1:24.5

write its laws a lot more carefully.

1:34.3

And the pleasant side effect to the one that I hope for still to this day,

1:41.9

and I hope you'll agree, is that members of Congress will have a lot less time for performative nonsense.

1:50.3

So please, tell me what I want to hear, Joe. What is going to be the effect on Congress of the end of this deference that had previously been granted to these

1:58.5

agencies? Well, you know, first, I do appreciate a good show on the Hill, of course.

2:03.9

But that said, I do think they will have to spend a lot more time actually doing the

2:08.4

legislating part of being legislators.

2:11.2

And that includes what they're going to have to do to really get up to speed with how

...

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