Legislating After Loper: Practical Solutions for a Post-Chevron Congress
When
Where
Hybrid EventBipartisan Policy Center
1225 Eye Street NW
Washington, D.C.
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In a series of recent decisions, the U.S. Supreme Court altered the dynamic among Congress, regulatory agencies, and courts. The Court ended Chevron deference, which had influenced how Congress interacted with regulatory agencies for 40 years. The Court also drew lines around what Congress can delegate to agencies through the major questions doctrine.
These decisions pose challenges for Congress in how it legislates and directs regulatory agencies. They also underscore existing concerns over congressional capacity, internal processes, and the legislative branch’s ability to tackle complex policy challenges. Last year, BPC established the Working Group on Congress, Courts, and Administrative Law to identify concrete, bipartisan steps that Congress can take to address the questions raised by the Court. A report detailing the Working Group’s findings will be released alongside the event and available on BPC’s website.
Join us for a discussion of these issues, the Working Group’s recommendations, and broader questions about the relationships among the branches of government.
Opening remarks:
Rep. Joe Morelle (NY-25) | Ranking Member, Committee on House Administration
Moderated conversation:
Heidi Heitkamp | Co-Chair, Working Group on Congress, Courts, and Administrative Law; Co-Chair, Farm and Forest Carbon Solutions Task Force; Former U.S. Senator (D-ND)
Mel Martinez | Co-Chair, Working Group on Congress, Courts, and Administrative Law; Former U.S. Senator (R-FL); Former Secretary of Housing and Urban Development
Moderator: Margaret Spellings | President and CEO, Bipartisan Policy Center
Panel discussion:
Kurt Couchman | Senior Policy Fellow, Fiscal Policy, Americans for Prosperity
Marci Harris | Co-founder and Executive Director, POPVOX Foundation
Victoria Nourse | Ralph V. Whitworth Professor in Law, Georgetown Law and Vice Chair, U.S. Commission on Civil Rights
Jeffrey A. Rosen | Nonresident Fellow, AEI and Former Acting U.S. Attorney General and Deputy Attorney General
Moderator: Matthew Schwartz | Senior Audio Producer, Bloomberg Law and Host, UnCommon Law
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