Second Guess Agencies News Today

Candidates, nominees from president republican president s have learned a lot about how to deal with the hearings. When you heard kavanaugh say as he did, talking about the parties to the case that theyre Flesh And Blood Human Beings and we need to have empathy for them and real world consequences of the court are very important. As a political matter, great stuff. A legal matter, its nonsense. Were youre an Appellate Judge and an issue comes before you, the issue is not the parties. Youre to re...

Precedent. as a lower court judge, i was bound to apply it. it was in the brown and williamson decision. in the god father of the major rules or major questions doctrine is justice brier that wrote about it in the 1980s as a way to apply chevron. the supreme court adopted that in the brown and williamson case, applied it in the uarg case, the one you referenced justice scalias opinion. what that opinion says is its okay for congress to delegate various matters to the executive agencies to do rul...

The court from appointed by both parties went with the traditional view of how to look at this. you used the 1986 law review article by justin brier and from the king v. burrwell case in 2015. what im showing to show is this pattern to say, oh, congress should step in and do everything. youre stepping in in these cases. >> i would say its a pattern of adhering to precedent. >> it seems to precedent when you look at chevron and i know the white house touted the fact that you overruled the federal...

Courts should defer to reasonable agency interpretations of ambiguous statutes. the whole question of ambiguity, how much is enough. i wrote a law review article in the harvard law review about that problem of judges disagreeing about ambiguity and how much is enough. i also said that chevron serves get purposes in cases where its an overlap with the state farm doctrine. statutory terms like feasible or reasonable are terms of discretion that are granted to agencies. the court should be careful ...