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

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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.

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

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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.

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Replacing Chevron with a Sounder Interpretive Regime

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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.

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Chevron Cannot Be Justified as an Agency Determination of Policy

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

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

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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.

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The Agency Lack of Bias Fallacy

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

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Dismantling the Administrative State

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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.

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

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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.

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Chevron Bias, Illustrated by Statistics

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

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The Federalist Society’s Chevron Deference Dilemma

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

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