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December 3, 2019|Chevron deference, Gundy v. United States, Gutierrez-Brizuela v. Burch, Neil Gorsuch, Oil States Energy Services, Originalism, Supreme Court

Three Cheers (Very Nearly) for Justice Neil M. Gorsuch

by Michael S. Greve|

Justice Neil Gorsuch in U.S. Capitol in Washington, D.C., (Andrew Harrer/Bloomberg via Getty Images)
A Republic, if You Can Keep It isn’t a vanity project; it’s a serious work of civic education.

August 29, 2019|Auer deference, Auer v. Robbins, Chevron deference, Gundy v. United States, John Roberts, Kisor v. Wilkie, nondelegation, Planned Parenthood v. Casey, Stare Decisis

Another Missed Opportunity: Kisor v. Wilkie and the Failure to Overturn Auer Deference

by Mike Rappaport|

The U.S. Supreme Court (Jer123 / Shutterstock.com).
Chief Justice Roberts gets the best of both worlds—the Court narrows Auer, but is not seen as overturning a precedent dear to progressives.

August 9, 2019|Administrative Law, Auer deference, Chevron deference, Clarence Thomas, EPA, Neil Gorsuch

Replacing Chevron with a Sounder Interpretive Regime

by Mike Rappaport|

The U.S. Supreme Court in 2018 (Olivier Douliery/Pool via CNP /MediaPunch/Alamy.com).
Chevron deference should be replaced with a system that accords weight to both contemporaneous and customary interpretations.

December 31, 2018|Chevron deference, legal issues, policy questions

Chevron Cannot Be Justified as an Agency Determination of Policy

by Mike Rappaport|

SNEHIT/Adobe Stock Images
Many people defend Chevron as deference for an agency determination of policy, but Chevron actually involves close legal issues.

December 20, 2018|Anthony Kennedy, Auer deference, Brett Kavanaugh, Chevron deference, Clarence Thomas

Diverging Supreme Court Trends May Leave Some Conservatives Out In the Cold

by Derek Muller|

Supreme Court poses for their official group portrait, November 30, 2018 in Washington, DC Seated from left: Associate Justice Stephen Breyer, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Associate Justice Ruth Bader Ginsburg and Associate Justice Samuel Alito, Jr. Standing behind from left: Associate Justice Neil Gorsuch, Associate Justice Sonia Sotomayor, Associate Justice Elena Kagan and Associate Justice Brett M. Kavanaugh. Credit: Kevin Dietsch/ Zuma / Alamy Stock
December 10, 2018, revealed something about the Court: It will be conservative in some ways, but probably not on social issues.

December 14, 2018|Agency Bias, Chevron deference, Separation of Bias

The Agency Lack of Bias Fallacy

by Mike Rappaport|

Sirtravelsalot/Shutterstock.com
Defenders of Chevron and Auer Deference often ignore agency bias.

September 12, 2018|A.L.A. Schechter Poultry Corp. v. United States, Chevron deference, Chevron v. Natural Resources Defense Council, Clarence Thomas, FCC v. Pottsville Broadcasting Co., Felix Frankfurter, Michael McConnell, Mike Lee, Panama Refining Co. v. Ryan, Philip Hamburger

Dismantling the Administrative State

by Mark Pulliam|

Gino Santa Mario/Adobe Stock Images
Peter J. Wallison's Judicial Fortitude offers a brief and accessible introduction to the struggle to control the administrative state.

April 26, 2018|Administrative Law, Chevron deference, Immigration, Neil Gorsuch, Sessions v. Dimaya

Immigration Cases Make Strange Bedfellows. But Is It a Long-Term Relationship?

by Michael Kagan|

U.S. Supreme Court (Brandon Bourdages/Shutterstock.com).
Dimaya v. Sessions is a milestone simply because the Court struck down a provision of immigration law, but it has wider implications.

April 12, 2018|Administrative State, Chevron deference, John Locke, judicial activism, Judicial Review

Chevron Bias, Illustrated by Statistics

by Philip Hamburger|

Chevron interferes with independent judicial judgment, and Christopher Walker calls it nonpartisanship.

April 3, 2018|Administrative Law, Chevron deference, Federalist Society, Skidmore deference, Whistleblower effects

The Federalist Society’s Chevron Deference Dilemma

by Christopher J. Walker|

Will eliminating Chevron deference result in increased partisan judicial review of agency interpretations of law?
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Book Reviews

A Mirror of the 20th-Century Congress

by Joseph Postell

Wright undermined the very basis of his local popularity—the decentralized nature of the House—by supporting reforms that gave power to the party leaders.

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The Graces of Flannery O'Connor

by Henry T. Edmondson III

O'Connor's correspondence is a goldmine of piercing insight and startling reflections on everything from literature to philosophy to raising peacocks.

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Liberty Classics

Rereading Politica in the Post-Liberal Moment

by Glenn A. Moots

Althusius offers a rich constitutionalism that empowers persons to thrive alongside one another in deliberate communities.

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James Fenimore Cooper and the American Experiment

by Melissa Matthes

In The American Democrat, James Fenimore Cooper defended democracy against both mob rule and majority tyranny.

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Podcasts

Stuck With Decadence

A discussion with Ross Douthat

Ross Douthat discusses with Richard Reinsch his new book The Decadent Society.

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Can the Postmodern Natural Law Remedy Our Failing Humanism?

A discussion with Graham McAleer

Graham McAleer discusses how postmodern natural law can help us think more coherently about human beings and our actions.

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Did the Civil Rights Constitution Distort American Politics?

A discussion with Christopher Caldwell

Christopher Caldwell discusses his new book, The Age of Entitlement.

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America, Land of Deformed Institutions

A discussion with Yuval Levin

Yuval Levin pinpoints that American alienation and anger emerges from our weak political, social, and religious institutions.

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About

Law & Liberty’s focus is on the classical liberal tradition of law and political thought and how it shapes a society of free and responsible persons. This site brings together serious debate, commentary, essays, book reviews, interviews, and educational material in a commitment to the first principles of law in a free society. Law & Liberty considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.

The opinions expressed on Law & Liberty are solely those of the contributors to the site and do not reflect the opinions of Liberty Fund.
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