I think we agreed to discuss West Virginia v. EPA this week—in which the Supreme Court limited the administration’s regulatory flexibility. If I got it wrong, please forgive!
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peter_sly@msn.com
Gorsuch’s 19-page concurrence is the best window into this case.
Trimming the administrative state has been Gorsuch’s priority for some time, no doubt influenced by his mom’s brief unhappy tenure as EPA administrator under Reagan.
(Ann Burford).
The “Major Questions” doctrine is an important development, and if not used for a judicial power-grab, may be helpful in holding Congress’ feet to the fire. That’s us too, because we need to ask aspiring public servants to be specific about addressing culture war “Major Questions” in a way that avoids deepening polarization.
I don’t see much judicial restraint in this doctrinal innovation.peter_sly@msn.com
National Review on the broader institutional question discussed on Monday:
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