Gorsuch and Kagan Clash Over Judicial Deference to the Administrative State

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...