Deep Dive Episode 30 – Arizona Dumps Deference: The Beginning of the End for Chevron?

We live in a system where regulators make rules, investigate alleged violations of the rules, and then adjudicate those violations before an Administrative Law Judge who is a member of the agency. When agency decisions are appealed to the traditional court system, judges are obligated to “defer” to the agency on both its legal and factual conclusions. Many opponents of this scheme have criticized the system for “placing a thumb on the scales of justice” by encouraging judicial bias. Many of the same critics assert that the current system of administrative law offends the rule of law, due process, and separation of powers. In April 2018, Arizona passed first-of-its-kind legislation, developed by the Goldwater Institute, that eliminates this legal deference in state courts.

This live podcast will explore this new law, discuss how it might change state agency rulemaking and enforcement, and also examine how the law might address concerns regarding judicial bias and other issues. Importantly, this program will also consider whether this legislation can serve as a model for the rest of the country, and the federal government.

Philip Hamburger

Maurice and Hilda Friedman Professor of Law

Columbia Law School

Jon Riches

Vice President for Litigation

Goldwater Institute

State & Local

The Federalist Society and Regulatory Transparency Project take no position on particular legal or public policy matters. All expressions of opinion are those of the speaker(s). To join the debate, please email us at [email protected].

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