Your argument case 221219, leless versus the department of commerce. Marston martin as. Mister chief justice, may it please the court. For too long chevron has distorted the judicial process and undermined stato inrpretation. It should be overruled for three reasons, first, cheon violates the constitution. Article 3 a pers judges to say what the law is. It requires them to interpret federal statutes using their stnd independent judgment. Chevron undermines that du. It reallocate interpreti authorities from courts to agencies and forces courts to adopt inferior agency constructions that are issued for political or policy reasons. In doingso, chevron blocks judges from serving as faithful agents of congress. It mandates judicial biaan encourages agency overreach. By removing key checks on ecutive power it threatens individual liberty. Chevron also violates the apa, the most straightforward reading of section 706 requires review of legal questions. Congre put constitutional and statutory
Pleasure to introduce a panel of three of americas most distinguished historians of the Early Supreme Court to teach us about significant justices that we may not have learned about before. Gerard mallioka is the Samuel R Rosen professor of law at the Indiana University Robert H Mckinney school of law. Hes the author of many books which weve had the pleasure of discussing at the ncc and the most recent which were here to talk about is washingtons air the life of justice, bushrod, washington. Maybe marcus is Research Professor of law and directer of the institute for constitutional studies at the George Washington University Law school where weve been colleagues for many years as editor of the documentary history of the Supreme Court of the United States 1789 to 1800 professor marcus published eight volumes with many articles on legal history. She was appointed by the librarian of congress as the general editor of the Oliver Wendell holmes devised the history of the Supreme Court of the
Doctrine or keep it. Chief Justice Roberts well hear argument first this morning in case 221219, relentless versus the department of commerce. Mr. Martinez. Oral argument of Roman Martinez on behalf of the petitioners martinez mr. Chief justice, and may it please the court for too long, chevron has distorted the judicial process and undermined statutory interpretation. It should be overruled for three reasons. First, chevron violates the constitution. Article iii empowers judges to say what the law is. It requires them to interpret federal statutes using their best and independent judgment. Chevron undermines that duty. It reallocates Interpretive Authority from courts to agencies, and it forces courts to adopt inferior agency constructions that are issued for political or policy reasons. In doing so, chevron blocks judges from serving as faithful agents of congress. It mandates judicial bias and encourages agency overreach. And by removing key checks on executive power, it threatens i
Governments to regulate the economy in different situations. But we are. One thing that you need to keep in mind when because were this class is historical in nature, when youre trying to answer how much power the government has to regulate the economy, the answer is going to be it depends and its going to depend. On a number of factors. The first is historical era, and up until now, weve exclusively focused on the Marshall Court and were going to leave that behind now. You took a quiz on that. You dont need to remember it right now. Were moving on for the next part of the class. Were going to be in whats called the lochner era, which took place at sort of the height of the Industrial Revolution leading up through the great depression. Then there was a major set of changes after the 1930s, and then there was well end the semester by looking at more recent Supreme Court decisions that have sort of pulled back the authority of state and local governments to regulate the economy and you d
Well, welcome to todays class where we are moving on as usual in this class, were going to be talking about the power of governments to regulate the economy in different situations. But we are. One thing that you need to keep in mind when because were this class is historical in nature, when youre trying to answer how much power the government has to regulate the economy, the answer is going to be it depends and its going to depend. On a number of factors. The first is historical era, and up until now, weve exclusively focused on the Marshall Court and were going to leave that behind now. You took a quiz on that. You dont need to remember it right now. Were moving on for the next part of the class. Were going to be in whats called the lochner era, which took place at sort of the height of the Industrial Revolution leading up through the great depression. Then there was a major set of changes after the 1930s, and then there was well end the semester by looking at more recent Supreme Cou