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 Chevron 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.  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  wanderer stuck in a snowstorm who breaks into a cabin… look, you’ll just have to listen, okay?  Remember that you can play along with #TTTBE by retweeting our episode on Twitter or sharing it on Facebook along with your guess.  We’ll release the answer on next Tuesday’s episode along with our favorite entry!

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Show Notes & Links

  1. We first discussed cryptocurrency in OA 134.
  2. You should read the Manafort lawsuit, and then to understand it, try and tackle Chevron U.S.A., Inc. v. Natural Resource Defense Council, 467 U.S. 837 (1984).
  3. We started warning you about Neil Gorsuch way back in Epsiode 40.  We were right.  The case in which he salivates about overturning Chevron deference is Gutierrez-Brizuela v. Lynch, 834 F.3d 1142 (2016).
  4. Count I of the complaint arises under the Administrative Procedure Act, 5 U.S.C. § 701 et seq.  Count II arises under the Declaratory Judgments Act, 28 U.S.C. § 2201.
  5. This is Rod Rosenstein’s Order appointing Mueller, No. 3915-2017, and this is 28 U.S.C. § 515, which plainly authorizes it.
  6. Finally, you can read Morrison v. Olson, 487 U.S. 654 (1988) and also laugh at the fantastic what-if comic about Ted Olson.

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