A judge who focuses on applying the law by looking to the text may be just the remedy we need to halt the expansion of executive overreach and restore the balance of power in Washington
What Judge Gorsuch Could Mean for Energy Policy and the Regulatory State
Tenth Circuit Judge Neil Gorsuch's confirmation hearing for a seat on the Supreme Court began Monday. Let's take a look at what a Gorsuch confirmation could mean for the energy and regulatory spheres.
As readers of this blog are well-aware, over the course of the 20th and now 21st centuries the administrative apparatus of the Executive branch has grown more powerful. A seminal moment in this expansion was the 1984 Supreme Court case Chevron v. Natural Resources Defense Council. The Court's holding in that case established what is now known as Chevron deference, a principle by which courts should defer to regulatory agencies' interpretations of ambiguous statutes.