In this episode, Gwen and Marc examine Loper Bright v. Raimondo, the Supreme Court decision that formally overruled Chevron deference after forty years. They begin with an analogy about inconsistent babysitters to explain the core concern motivating the Court: agency interpretations that change across administrations, creating instability and unpredictability.

They then turn to the facts of the case itself, involving a federal rule requiring herring fishing companies to pay for onboard observers. Under Chevron, the agency’s interpretation likely would have survived as reasonable. Instead, the Court used the case to eliminate Chevron entirely, holding that courts must exercise “independent judgment” when interpreting statutes—even when Congress has left ambiguity.

From there, Gwen and Marc organize the critique of Loper Br ...