Gorsuch and Kagan Clash Over Judicial Deference to the Administrative State

Posted on AllSides July 23rd, 2019
From The Right

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 or not a contentious Supreme Court precedent, Auer v. Robbins (1997), should be kept in place by the justices or struck down in its entirety. In Auer, the Court held that when an "ambiguous" regulation promulgated by a federal agency is challenged in court, the judge or judges hearing the case should respect the expertise...

Read full story
Some content from this outlet may be limited or behind a paywall.

More News about Supreme Court from the Left, Center and Right

From the Left

From the Center

From the Right