July 1, 2019
Listen to the Episode
From The Official Website:
Today’s episode revisits a narrow area of administrative law we last discussed in Episode 266, namely, Auer deference. Andrew made a bold prediction in that episode, and find out where he was wrong — and where he was right now that the Supreme Court has ruled in Kisor v. Wilkie. We also discuss the recent unsealing of court records thanks to a CNN reporter and we witness the return of listener favorite segment “Are You A Cop?” with a fabulous question about drinking and driving. Buckle up!
We begin, however, with a look at a recent request made by CNN’s Katelyn Polantz regarding certain court proceedings and records relating to the Mueller Investigation. Does this mean that “BILL BARR KILLED 7 OPEN INVESTIGATIONS?” (No.) But it is significant, and you won’t want to miss why.
Then, it’s time for a deep-dive explainer that starts with a reminder on the principles of agency deference. Don’t remember the exact difference between Chevron deference and Auer deference? We’ve got you covered — including, in particular, how the latter came under attack in Kisor v. Wilkie, a case involving a retired servicemember challenging the internal agency regulations governing disability pay. Should the courts defer to an agency’s interpretation of its own rules, or should it be wildly activist and defer to Neil Gorsuch’s interpretation of those rules? Kisor gives us a slightly different answer than you might expect, all while angling us towards the day soon to come in which the Supreme Court greatly expands the power of the judicial branch.
After that, it’s time for Are You A Cop? featuring some truly terrible advice for how to beat a DUI arrest. (Please do not do this.) We talk about standards of evidence while debunking the notion that you should… drink more when you’re pulled over? (It’s a weird question.)
As if that wasn’t enough, we end with the answer to Thomas Takes The Bar Exam #132 about an escaped, de-fanged, venomous snake. Who’s responsible? Listen and find out!
Show Notes & Links
- This is the Raw Story article we criticize during the “A” segment, and to verify what we’ve said is correct, you can read (a) Polantz’s request; (b) the Court’s order; (c) Exhibit A (Search Warrants); (d) Exhibit B (Wiretapping); and (e) Exhibit C (Pen Register/Trap & Trace). Phew!
- We previewed Kisor v. Wilkie (read decision) in Episode 266. And, in breaking down Justice Roberts’s holding in Kisor, we also expose shoddy journalism like this Daily Beast article.
Law Talkin' Stuff
Lawsplaining
Law Court Thingies
Magic Law Words
Organizations
People
References
Topics
Content
- [00:00:00] Intro
- [00:03:15] Yodel Mountain CNN request to release documents
- [00:07:55] Exhibit A
- [00:09:20] Exhibit B
- [00:10:10] Exhibit C
- [00:11:00] Raw Story Article
- [00:20:30] Bottom Law
- [00:21:42] Commercial
- [00:23:25] Kisor v. Wilkie
- [00:26:35] Chevron and Auer Deference
- [00:31:25] Ruling
- [00:41:55] Roberts concurrence
- [00:43:30] Concurrence
- [00:54:50] Are You A Cop
- [01:00:00] New Patron Tuesday
- [01:01:40] Thomas Takes The Bar Exam
- [01:05:27] Outro
- [01:07:33] Out-Takes
(The time stamps above are derived from the audio provided on the official website; they may vary from audio without ads that are provided through the patreon feed.)