Should Chevron Be Overturned?

We the People

This episode, recorded live in New York City at the Federal Bar Association’s 2018 annual convention, features a debate of the following question: “Should Chevron Be Overturned?” The 1984 Supreme Court decision Chevron v. Natural Resources Defense Council established a judicial doctrine of deference to certain administrative agency actions commonly known as “Chevron deference.” As wonky as it may sound, Chevron is implicated in important constitutional debates surrounding the modern administrative state and separation of powers. Columbia Law School professors Philip Hamburger and Gillian Metzger explain just what Chevron deference is, why it matters, and whether or not it should be overturned. Lana Ulrich guest hosts.