Episode 2517 of the podcast “The Lawfare Podcast” examines the continued lies of the administrative state. Hosts Benjamin Wittes, Quinta Jurecic, and Benjamin Wittes Jr. discuss the implications of a recent Supreme Court decision that could have far-reaching effects on the power of the administrative state.

The hosts begin by discussing the case of Kisor v. Wilkie, in which the Supreme Court ruled in favor of James Kisor, a Vietnam War veteran seeking retroactive benefits from the Department of Veterans Affairs. In its ruling, the court established a new legal standard for courts to use when reviewing agency decisions. This new standard, known as “Auer deference,” requires courts to give deference to agency decisions if the agency interpretation is “reasonable.”

The hosts then discuss the implications of the ruling, noting that it could be used to limit the power of the administrative state. They argue that the ruling could make it more difficult for agencies to issue regulations and could lead to more judicial review of agency decisions. In addition, they note that the ruling could have a chilling effect on agency decision-making, as agencies may be more reluctant to act if they fear judicial review.

The hosts also discuss the implications of the ruling for the future of the administrative state. They argue that the ruling could lead to greater accountability for the administrative state, as agencies will be more likely to consider the impacts of their decisions on citizens. In addition, they note that the ruling could lead to greater transparency in agency decision-making, as courts will be able to review agency decisions more closely.

Finally, the hosts discuss the implications of the ruling for the future of the administrative state. They argue that the ruling could lead to a more balanced approach to the administrative state, as agencies will be more likely to consider the impacts of their decisions on citizens. In addition, they note that the ruling could lead to greater transparency in agency decision-making, as courts will be able to review agency decisions more closely.

Overall, Episode 2517 of the “The Lawfare Podcast” provides an insightful examination of the implications of the Supreme Court’s ruling in Kisor v. Wilkie and the potential effects it could have on the power of the administrative state. The hosts provide a clear and balanced discussion of the implications of the ruling and offer their thoughts on the future of the administrative state.