A Spectator’s Guide to the Gorsuch Hearings

What’s All This Business About Chevron Deference, The Right of Privacy, and… Stare Decisis? Taking in a Supreme Court confirmation hearing can be like watching a Cricket match: There are a lot of people running around purposefully, but it’s hard to tell why, or who’s winning, and what the point is. Here’s a non-lawyerly guide that might help, even though lawyers will quibble, charging, quite accurately, oversimplification. Chevron Deference: Who do you want running your life—you, or not you? First of all, if you’re wondering who is going to defer anything to a big company like Chevron, the answer is nobody; just the opposite. The people being deferred to are regulators, because Chevron Deference dictates, essentially, that when it comes to ambiguity in the law -- which is everywhere, given the way laws are written these days -- whatever the regulator decides it means is what it’s going to mean, even if the court sees a much...(Read Full Article)

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