Gorsuch’s Extreme Opposition To Chevron Doctrine Is Dangerous
March 21, 2017
GORSUCH’S EXTREME OPPOSITION TO THE CHEVRON DOCTRINE COULD HAVE DRAMATIC IMPACTS ON WORKERS RIGHTS AND THE ENVIRONMENT.
· Think Progress: “Gorsuch May Be The Judiciary’s Most Vocal Proponent Of The Federalist Society’s Crusade” Against The Chevron Doctrine. “Gorsuch also emerged as one of the judiciary’s leading spokespeople for an effort to hobble the Obama administration’s ability to promulgate progressive labor and environmental regulations. In the waning years of Obama’s presidency, Federalist Society events grew increasingly fixated on limiting federal agencies’ authority to take regulatory action of any kind. Often, they focused their ire on the Supreme Court’s venerable Chevron doctrine…In a 2016 opinion, he claimed that Chevron is ‘more than a little difficult to square with the Constitution of the framers’ design.’” [Think Progress, 1/23/17]
· University Of Texas Law Professor Stephen Vladeck: Overturning The Chevron Doctrine “Would Likely Impose Significant New Constraints On The Scope Of Federal Regulatory Authority On All Topics. “’If he were to form part of a majority to scale back that principle, it would be a major sea change in the relationship between the executive branch and the courts, and one that would likely impose significant new constraints on the scope of federal regulatory authority on all topics — from immigration and criminal law enforcement to environmental protection, consumer product safety, and drug regulation,’ Vladeck said.’” [CNN, 1/25/17]
· Dan Goldberg Of The Alliance For Justice: “It Would Be Hard To Overstate The Damage It Would Cause This Nation And The American People.” “’His position on this is more extreme than Justice Scalia,’ said Dan Goldberg of the progressive Alliance for Justice, ‘it would be hard to overstate the damage it would cause this nation and the American people.’” [CNN, 1/25/17]
OVERTURNING CHEVRON WOULD IMPOSE SIGNIFICANT NEW CONSTRAINTS ON THE ABILITY OF THE GOVERNMENT TO REGULATE ON ALL TOPICS.
· Forbes: “Chevron And Its Progeny Matter More Today Than Ever, As President Trump Dismantles The Mesh Of Regulations Barack Obama Enacted During His Term Including Pro-Union Labor Rules, Environmental Controls On Fossil Fuels And How Obamacare Is Administered.” “Gorsuch made his views clear in an unusual concurrence to his own opinion in Gutierrez-Brizuela v. Lynch, a 2016 decision involving judicial review of immigration law. In it, Gorsuch said there was ‘an elephant in the room’ and declared ‘maybe the time has come to face the behemoth.’ That behemoth is Chevron v. National Resources Defense Council, the 1984 decision establishing the so-called Chevron doctrine under which courts are supposed to defer to federal agencies when it comes to interpreting vague or ambiguous laws defining their responsibilities. Chevron and its progeny matter more today than ever, as President Trump dismantles the mesh of regulations Barack Obama enacted during his term including pro-union labor rules, environmental controls on fossil fuels and how Obamacare is administered. One facet of Chevron deference is agencies are not only given the freedom to determine what the law is, but they can change that interpretation at any time, as Trump seeks to do with the XL Pipeline, immigration law and Obamacare.” [Forbes, 1/26/17]
· E&E News: “Gorsuch Recently Wrote An Opinion Calling For The End Of The Chevron Doctrine, A Key Tenet Of Environmental Litigation Under Which Courts Defer To Federal Agencies’ Judgment.” “Among those under consideration for the seat is Judge Neil Gorsuch, a Republican-appointed judge of the 10 U.S. Circuit Court of Appeals and the son of Reagan-era U.S. EPA Administrator Anne Gorsuch Burford. Gorsuch recently wrote an opinion calling for the end of the Chevron doctrine, a key tenet of environmental litigation under which courts defer to federal agencies' judgment.” [E&E News, 1/24/17]
· Newsweek: Supporters Of Chevron “Argue The Doctrine Is Especially Crucial For Worker Protections And Scientific Advancement.” “Gorsuch has supported challenging the so-called Chevron Doctrine, which the Supreme Court established for courts to generally defer to agencies’ interpretation of statutory language. In a concurring opinion he wrote in August 2016, for Gutierrez-Brizuela v. Lynch, he called the doctrine the ‘elephant in the room’ and suggested allowing ‘executive bureaucracies to swallow huge amounts of core judicial and legislative power and concentrate federal power in a way that seems more than a little difficult to square with the Constitution of the framers’ design. Maybe the time has come to face the behemoth.’ Supporters argue the doctrine is especially crucial for worker protections and scientific advancement.” [Newsweek, 1/27/17]