A Look at the Current Challenge to Judicial Deference to Federal Agencies and What it Means for the Consumer Financial Services Industry, With Special Guest, Craig Green, Professor, Temple University School of Law
Since the U.S. Supreme Court\u2019s 1984 Chevron decision, federal courts have typically applied a two-step analysis known as the \u201cChevron framework\u201d to determine whether a court should defer to a federal agency\u2019s interpretation of a statute.\xa0 SCOTUS has now agreed to hear the Loper case next Term in which the continued viability of the Chevron framework is being directly challenged.\xa0We first discuss the origins of the concept of judicial deference to federal agencies and the Chevron decision.\xa0We then discuss the background of the Loper case, the two recent SCOTUS decisions rejecting EPA interpretations, what the decisions could mean for challenges to CFPB and FTC regulations, what the decisions signal for how the Justices will rule in Loper, and possible outcomes in Loper.\xa0We conclude by considering the potential impact on federal agencies of a SCOTUS decision overruling Chevron, including the potential retroactive effect of such a decision.
Alan Kaplinsky, Senior Counsel in Ballard Spahr\u2019s Consumer Financial Services Group, hosts the conversation.