OA136: Chevron Deference Has Consequences -- Particularly For Paul Manafort!
Today's episode tackles the recent lawsuit filed by Paul Manafort against the Department of Justice, Asst. AG Rod Rosenstein, and Robert Mueller. First, we share some insights from our listeners about our recent deep dive into cryptocurrency, and promise a return visit Real Soon Now. After that, we take a deep dive into\xa0Chevron deference, Neil Gorsuch's mommy, and the legal landscape set more than 30 years ago... and why that's all come under fire by one Paul S. Manafort.\xa0 It's an extra-long, double-length segment but we think you'll love it! Finally, we end with an all-new Thomas (and Yvette!) Take the Bar Exam Question #57 about a\xa0 wanderer stuck in a snowstorm who breaks into a cabin... look, you'll just have to listen, okay?\xa0 Remember that you can play along with #TTTBE by retweeting our episode on Twitter or sharing it on Facebook along with your guess. \xa0We'll release the answer on next Tuesday's episode along with our favorite entry! Recent Appearances None!\xa0 Have us on your show! Show Notes & Links
- We first discussed cryptocurrency in OA 134.
- You should read\xa0the Manafort lawsuit, and then to understand it, try and tackle\xa0Chevron U.S.A., Inc. v. Natural Resource Defense Council, 467 U.S. 837 (1984).
- We started warning you about Neil Gorsuch way back in Epsiode 40.\xa0 We were right.\xa0 The case in which he salivates about overturning\xa0Chevron deference is\xa0Gutierrez-Brizuela v. Lynch, 834 F.3d 1142 (2016).
- Count I of the complaint arises under the Administrative Procedure Act, 5 U.S.C. \xa7 701 et seq.\xa0 Count II arises under the Declaratory Judgments Act, 28 U.S.C.\xa0\xa7 2201.
- This is Rod Rosenstein's Order appointing Mueller, No. 3915-2017, and this is 28 U.S.C.\xa0\xa7 515, which plainly authorizes it.
- Finally, you can read\xa0Morrison v. Olson, 487 U.S. 654 (1988) and also laugh at the fantastic what-if comic about Ted Olson.