CAFE Insider 1/2: Do Agencies Have Agency? (with Rachel Barkow)

In this special episode of the CAFE Insider podcast, Joyce Vance interviews Rachel Barkow, while Preet is out. Barkow, who recently became a CAFE contributor, is a professor at NYU Law School and author of Prisoners of Politics: Breaking the Cycle of Mass Incarceration. She also served on the U.S. Sentencing Commission from 2013 to 2019.

In this excerpt from the show, Barkow discusses the high stakes of the forthcoming oral arguments in Loper Bright Enterprises v. Raimondo, a case that asks the Supreme Court justices to overturn the long-standing Chevron doctrine that says courts should defer to federal agencies’ interpretation of ambiguous laws.

In the full episode, Barkow further discusses other consequential administrative law cases before the Supreme Court:

– CFPB v. Community Financial Services Association of America, which could invalidate the funding structure of the Consumer Financial Protection Bureau; and

– SEC v. Jarkesy, which asks whether SEC enforcement actions are consistent with the 7th Amendment’s right to a jury trial.

Preet will be back next week.

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