SCOTUS Nominee Brett Kavanaugh’s Other Radical Views

SCOTUS Nominee Brett Kavanaugh’s Other Radical Views

Judge Kavanaugh is one of the most radically conservative judges sitting on the federal courts today. Brett Kavanaugh / PD-USGov Judge Brett Kavanaugh is not only a threat to a woman’s right to choose and to LGBTQ equality. He is a danger to the government’s ability to regulate pretty much anything. Judge Kavanaugh (not to mention Justices Thomas and Alito) has questioned the legitimacy of what lawyers call the Chevron doctrine. Chevron is a 1984 Supreme Court case that established a doctrine of court deference to administrative agencies. The case itself concerned a rule made by the EPA; in fact, the EPA, which was run at the time by Anne Gorsuch, Neil Gorsuch’s mother, had weakened a Jimmy Carter-era rule based on the Clean Air Act. When the Natural Resources Defense Council sued, the Supreme Court eventually ruled in favor of the EPA, arguing that a court should give deference to an administrative agency tasked with interpreting the words of a statute. The scientists at the EPA, after all, are the experts. A federal judge is not. This doctrine, which to some extent clarified a federal court approach, is at the backbone of the modern administrative state. It allows federal administrative agencies to make rules and regulations passed by Congress. As such, it has been in conservatives’ cross hairs for years. They see Chevron deference as a tool of regulation and they want to get rid of it so their conservative judges in the federal judiciary can declare regulations […]

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.