Chevron Deference Doctrine Deep Dive Part 3b: the Kagan Dissent in Loper-Bright v. Raimondo 2024

2025 is the 40th Anniversary of Harvard University Press' publication of Richard A. Epstein's "Takings: Private Property and the Power of Eminent Domain." We celebrate with a fair use and transformative reading of chapter 1. We'd like to thank Harvard University Press for making this material available and Richard Epstein for writing it. Make sure you buy the book and follow along. It's very important for you to have your own copy on your own bookshelf, and to begin to master this material Go to Harvard University Press for more selections available for purchase. Please support the publisher and your local booksellers. We next pick up where we left off with Judge Bumatay's 23 March 2025 dissent in Duncan v. Bonta (en banc, 9th Circuit), using the uscourts.gov PDF pagination, going from the bottom of p. 80 to the top of p. 84, available at the link below. https://cdn.ca9.uscourts.gov/datastore/opinions/2025/03/20/23-55805.pdf The Republican Professor is a pro-correctly-contemplating-property-rights podcast. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D.

On this Maundy Thursday 2025, we briefly discuss the main issue in the tariff debate illuminated by Chief Justice John Marshall's epic quotation in McColluch v. Maryland over 100 years ago (1819). We then launch into Ninth Circuit US Court of Appeals Judge Bumatay's epic dissent released last month in the latest of several weird iterations of the en banc Duncan v. Bonta. It's a very important case that I hope the US Supreme Court grants cert on and reverses. All in all, it's continued fun on The Republican Professor podcast just in time for a somber Christian holiday weekend. I'm looking forward to Easter ! The Republican Professor is a pro-Easter-break, pro-reflecting-on-the-triumphal-entry, pro-correctly-articulating-the-Second-Amendment, pro-John-Marshall-literate podcast. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D. To support the podcast, support it.

We continue our journey through the swirly twirly gumdrops of the Unitary Executive, our study of Justice Scalia's great dissent in Morrison v. Olson (1988) and what it teaches us about Separation of Powers as established by the Constitution of the United States of America. Part 5, going through Roman numeral three, entire. The Republican Professor is a pro-Separation-of-Powers-rightly-understood-executive-power-correctly-contemplated podcast. Therefore, welcome Justice Antonin Scalia to the podcast. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D. To support the podcast, support it. Warmly, Lucas J. Mather, Ph.D. The Republican Professor Podcast The Republican Professor Newsletter on Substack https://therepublicanprofessor.substack.com/ https://www.therepublicanprofessor.com/podcast/ https://www.therepublicanprofessor.com/articles/ YouTube channel: https://www.youtube.com/@TheRepublicanProfessor Facebook: https://www.facebook.com/TheRepublicanProfessor Twitter: @RepublicanProf Instagram: @the_republican_professor

This interview with Texas State House Republican Candidate Jon Schober from 30 December 2020 in Texas was a real hoot. Cross-posted on the Coffee with Jon podcast. Enjoy ! We had Jon on TRP podcast in 2022, where we spoke at length again about his Texas State House candidacy (4 August 2022 published here). Follow Jon Schober on Facebook at https://www.facebook.com/Schober4Texas if you like what you see and hear. Donate a gift to keep the podcast going on Venmo at-sign no space TheRepublicanProfessor or https://buymeacoffee.com/lucasj.mather Warmly, Lucas J. Mather, Ph.D. The Republican Professor Podcast The Republican Professor Newsletter on Substack https://therepublicanprofessor.substack.com/ https://www.therepublicanprofessor.com/podcast/ https://www.therepublicanprofessor.com/articles/ YouTube channel: https://www.youtube.com/@TheRepublicanProfessor Facebook: https://www.facebook.com/TheRepublicanProfessor Twitter: @RepublicanProf Instagram: @the_republican_professor

For Part 3c of this deep dive we continue the Loper Bright Enterprises v. Raimondo (2024) decision that overruled Chevron (1984), Kagan's dissent continued from p. 9 of the Slip Opinion. We go from p. 9 to most of the way through p. 12 of the Slip Opinion (603 U.S. _____ (2024) of Kagan's dissent. We will pick up the rest of p.12 of that dissent next time. Donate a gift to keep the podcast going on Venmo at-sign no space TheRepublicanProfessor or https://buymeacoffee.com/lucasj.mather Warmly, Lucas J. Mather, Ph.D. The Republican Professor Podcast The Republican Professor Newsletter on Substack https://therepublicanprofessor.substack.com/ https://www.therepublicanprofessor.com/podcast/ https://www.therepublicanprofessor.com/articles/ YouTube channel: https://www.youtube.com/@TheRepublicanProfessor Facebook: https://www.facebook.com/TheRepublicanProfessor Twitter: @RepublicanProf Instagram: @the_republican_professor

For Part 3b of this deep dive we continue the Loper Bright Enterprises v. Raimondo (2024) decision that overruled Chevron (1984). We continue with with the Democrat's dissent written by Justice Kagan defending Chevron. We into the first few pages of Roman numeral I, to the top of page 9 of the Slip Opinion 603 U.S. _____ (2024) (Kagan's dissent), which we will continue to cover next time. Donate a gift to keep the podcast going on Venmo at-sign no space TheRepublicanProfessor or https://buymeacoffee.com/lucasj.mather Warmly, Lucas J. Mather, Ph.D. The Republican Professor Podcast The Republican Professor Newsletter on Substack https://therepublicanprofessor.substack.com/ https://www.therepublicanprofessor.com/podcast/ https://www.therepublicanprofessor.com/articles/ YouTube channel: https://www.youtube.com/@TheRepublicanProfessor Facebook: https://www.facebook.com/TheRepublicanProfessor Twitter: @RepublicanProf Instagram: @the_republican_professor

We broach the massive issue of the ethics of AI in Education, Culture, Politics and Law. Bottom line, there are cultural forces at work undermining personal responsibility that predate AI -- those should be counteracted immediately. The Republican Professor is pro-personal responsibility podcast. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D.

There are pleasantly surprising lessons about Second Amendment jurisprudence throughout this section as we continue our study of Justice Scalia's great dissent in Morrison v. Olson (1988) and what it teaches us about Separation of Powers as established by the Constitution of the United States of America. Part 4, going through Roman numeral two, the second half. We'll finish Roman numeral two. Pay attention to the criticism of interest balancing tests in adjudicating Constitutionally vested powers and rights in this episode, connecting the issue in this case to the Second Amendment . The Republican Professor is a pro-Separation-of-Powers-rightly-understood-executive-power-correctly-contemplated podcast. Therefore, welcome Justice Antonin Scalia to the podcast. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D. To support the podcast, support it. Warmly, Lucas J. Mather, Ph.D. The Republican Professor Podcast The Republican Professor Newsletter on Substack https://therepublicanprofessor.substack.com/ https://www.therepublicanprofessor.com/podcast/ https://www.therepublicanprofessor.com/articles/ YouTube channel: https://www.youtube.com/@TheRepublicanProfessor Facebook: https://www.facebook.com/TheRepublicanProfessor Twitter: @RepublicanProf Instagram: @the_republican_professor

For Part 3 of this deep dive we begin the Loper Bright Enterprises v. Raimondo (2024) decision that overruled Chevron (1984). We begin with the Democrat's dissent written by Justice Kagan defending Chevron. We get up to Roman numeral I, which we will cover next time. Donate a gift to keep the podcast going on Venmo at-sign no space TheRepublicanProfessor or https://buymeacoffee.com/lucasj.mather Warmly, Lucas J. Mather, Ph.D. The Republican Professor Podcast The Republican Professor Newsletter on Substack https://therepublicanprofessor.substack.com/ https://www.therepublicanprofessor.com/podcast/ https://www.therepublicanprofessor.com/articles/ YouTube channel: https://www.youtube.com/@TheRepublicanProfessor Facebook: https://www.facebook.com/TheRepublicanProfessor Twitter: @RepublicanProf Instagram: @the_republican_professor

For Part 2d of this deep dive we finish the famous Chevron USA v. Natural Resource Defense Council (1984) decision. Recall, this decision reversed the RB Ginsburg opinion at the lower court. It was itself reversed last year in 2024 by Republicans on the US Supreme Court. This in turn sets us up for Part 6, where we'll begin to look closely at Loper Bright (2024), which in turn reversed the Republican win in 1984. Donate a gift to keep the podcast going on Venmo at-sign no space TheRepublicanProfessor or https://buymeacoffee.com/lucasj.mather Warmly, Lucas J. Mather, Ph.D. The Republican Professor Podcast The Republican Professor Newsletter on Substack https://therepublicanprofessor.substack.com/ https://www.therepublicanprofessor.com/podcast/ https://www.therepublicanprofessor.com/articles/ YouTube channel: https://www.youtube.com/@TheRepublicanProfessor Facebook: https://www.facebook.com/TheRepublicanProfessor Twitter: @RepublicanProf Instagram: @the_republican_professor