Adam White and Jace Lington chat with Ronald A. Cass about the future of judicial deference to agency actions. They discuss Cass’s recent papers, “Fixing Deference: Delegation, Discretion, and Deference Under Separated Powers,” published by the New York University Journal of Law & Liberty, and “Getting Deference Right,” published by National Affairs. Ron insists on the crucial distinction between court decisions on what the law means and agency decisions about policy implementation.

Notes:

• Fixing Deference: Delegation, Discretion, and Deference Under Separated Powers (NYU JLL, 2023)
• Getting Deference Right (National Affairs, 2024)
• Loper Bright Amicus Brief, Gray Center Separation of Powers Clinic
• Gray Center 2023 Rule of Law Symposium