2023 Symposium

October 20, 2023

Chevron on Trial: The Supreme Court and the Future of Agency Authority and Expertise

In collaboration with the C. Boyden Gray Center for the Study of the Administrative State

Schedule

8:00 – 8:45 A.M
Registration and Breakfast, The Mayflower, East Room

8:40 – 8:45 A.M.
Welcome & Introductions
Jennifer Mascott, Assistant Professor of Law, Co-Executive Director, The C. Boyden Gray Center for the Study of the Administrative State, Scalia Law School, Supreme Court Contributor, NBC News

8:45 – 10:15 A.M.
Panel 1: Loper Bright Enterprises v. Raimondo (Overview of the case, theories, likely outcomes)
Kent Barnett, Associate Dean for Academic Affairs, J. Alton Hosch Associate Professor of Law, University of Georgia School of Law
Thomas W. Merrill, Charles Evans Hughes Professor of Law, Columbia Law School
Christopher J. Walker, Professor of Law, University of Michigan
Moderator: The Honorable Paul B. Matey, Judge, United States Court of Appeals, Third Circuit

10:15 – 10:25 A.M.
Break

10:25 – 11:40 A.M.
Panel 2: Is Deference Inevitable? (How would courts approach agency determinations of law and fact post-Chevron? Could lower courts handle the increased workload? What policy outcomes will change?)
Lisa Schultz Bressman, Associate Dean for Academic Affairs, David Daniels Allen Distinguished Chair in Law, Vanderbilt University Law School
John F. Duffy, Samuel H. McCoy II Professor of Law, University of Virginia School of Law
Daniel E. Walters, Associate Professor of Law, Texas A&M University School of Law
Moderator: The Honorable David J. Porter, Judge, United States Court of Appeals, Third Circuit

11:40 A.M. – 11:50 P.M.
Break

11:50 – 1:10 P.M.
Lunch & Keynote Speech
The Honorable Paul J. Ray,
Director, Thomas A. Roe Institute for Economic Policy Studies, The Heritage Foundation; Former Administrator of the Office of Information and Regulatory Affairs

1:10 – 1:20 P.M.
Break

1:20 – 2:35 P.M.
Panel 3: Who Interprets Statutes? (Who has primary responsibility among Congress, courts, and agencies? How do theories of non-delegation affect theories of deference?)
Aditya Bamzai, Martha Lubin Karsh and Burce A. Karsh Bicentennial Professor of Law, University of Virginia School of Law
Jonathan S. Masur, John P. Wilson Professor of Law, University of Chicago Law School
Eli Nachmany, Law Clerk, Covington & Burling LLP
Victoria F. Nourse, Ralph V. Whitworth Professor in Law, Georgetown Law
Moderator: The Honorable Chad A. Readler, Judge, United States Court of Appeals, Sixth Circuit

2:35 – 2:45 P.M.
Break

2:45 – 4:00 P.M.
Panel 4: Deference and Expertise (Focus on the loss of Chevron in a field like environmental law, filled with experts. How do lawyers advise clients moving forward? How does compliance work? How will Congress and Agencies respond?)
Caroline Cecot, Associate Professor of Law, Antonin Scalia Law School, George Mason University
E. Donald Elliott, Florence Rogatz Professor (Adjunct) of Law, Yale Law School; Distinguished Adjunct Professor, Antonin Scalia Law School, George Mason University
Emily Hammond, Glen Earl Weston Research Professor, George Washington University Law School
Moderator: The Honorable Douglas H. Ginsburg, Senior Judge, United States Court of Appeals for the District of Columbia Circuit; Professor of Law, Antonin Scalia Law School, George Mason University

4:00 – 5:00 P.M.
Reception, The Mayflower Chinese Room

5:00 P.M.
Adjourn