KAGAN AND GORSUCH CLASH OVER JUDICIAL DEFERENCE TO THE ADMINISTRATIVE STATE
Sep 20, 2019
2 minutes
DAMON ROOT
A MAJOR CONFLICT is now underway on the U.S. Supreme Court between Justices Elena Kagan and Neil Gorsuch over the issue of judicial deference to the administrative state.
Their division centers in part on whether an important Supreme Court precedent, (1997), should be overruled. In , the Court held that when an “ambiguous” regulation promulgated by a federal agency is challenged in court, the judge hearing the case should defer to the agency’s preferred interpretation of its own regulation. That interpretation, the Court held in , is “controlling unless plainly erroneous or inconsistent with the regulations being interpreted.”
You’re reading a preview, subscribe to read more.
Start your free 30 days