Document Type
Working Paper
Publication Date
10-26-2018
SSRN Discipline
TransportRN Subject Matter eJournals; Geography Research Network; LSN Subject Matter eJournals; Constitutional Law, Jurisprudence & Legal Philosophy eJournals; Transportation Research Network; Economics Research Network; Legal Scholarship Network; Law School Research Papers - Legal Studies; Law & Society eJournals; Law & Society: Public Law eJournals; Administrative Law eJournals; GeographyRN Subject Matter eJournals; Political Science Network
Abstract
Supreme Court decisions such as Chevron v Natural Resources Defense Council require varying levels of deference to legal interpretations provided by administrative agencies "“ deference that recently appointed Justice Neil Gorsuch believes undermines the separation of powers He has since joining the Court in April 2017 found no vehicle for actually executing his antiChevron mission This Essay examines his statement upon denial of certiorari in Scenic America v Department of Transportation Justice Gorsuch's statement is telling both for Scenic America's unsuitability as a vehicle to address the deference doctrines that he cares about and for the rhetoric he uses in discussing the case The rhetoric he uses reveals his interest in reviving the nondelegation doctrine and his formalist approach to separation of powers both of which bode ill for the modern administrative state
Recommended Citation
Heather Elliott,
Justice Gorsuch's Would-Be War on Chevron,
(2018).
Available at:
https://scholarship.law.ua.edu/fac_working_papers/484