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Trump's Supreme Court Nominee Skeptical Of Federal Agency Power
Trump's Supreme Court Nominee Skeptical Of Federal Agency Power
March 17, 2017·4:49 AM ET
At most Supreme Court confirmation hearings, questions focus on hot-button social issues — abortion, affirmative action, same-sex marriage — and the hearings next week on Supreme Court nominee Neil Gorsuch will be no exception. ... But senators are also likely to spend a lot of time examining the nominee's views on federal regulations — of the environment, health and safety laws for workers, and laws on consumer rights and business. ... In question is a doctrine that Gorsuch has criticized but that also once helped his mother.
The Chevron doctrine
The Chevron decision is perhaps the most cited case in American law. Decided unanimously in 1984, it established a general rule of deferring to an agency's reasonable interpretation of a statute. ... The idea is that in passing a law, Congress sets out broad provisions and tells agencies that have considerable expertise to establish rules for carrying out the law's mandates. In short, the agency is to fill in the details.
The Chevron case stems from the Reagan administration. When President Ronald Reagan took office in the early 1980s, the White House adopted more permissive rules for air pollution caused by manufacturing plants. The Natural Resources Defense Council sued the Environmental Protection Agency, then under the leadership of Anne Gorsuch, contending the agency had exceeded its authority. ... Recognize that name, Gorsuch? Yes indeed, her son is the current Supreme Court nominee. ... Back then, the Supreme Court ultimately sided with the Reagan administration and EPA Administrator Gorsuch, declaring that where a statute is ambiguous, the courts should defer to an agency's reasonable interpretation.
....
The case of the frozen trucker
Perhaps no Gorsuch opinion sticks in the craw of liberals more than the so-called frozen trucker case. The trucker, Alphonse Maddin, was transporting cargo through Illinois when the brakes on his trailer froze. The temperature outside was 27 degrees below zero. He called the company and was told help was on the way. But after three hours, he was desperate. ... "I could not feel my feet ... my speech was slurred, and I was having trouble breathing," Maddin said at a press event hosted by Democratic senators on Wednesday. "I started to have thoughts I was going to die." ... So with great difficulty, Maddin unhitched the trailer and drove away, returning about 15 minutes later when help arrived. He was fired by the company, which the Department of Labor later ruled was a violation of federal law. ... A 10th Circuit panel agreed, ruling against the company and citing language in the statute that protects workers who refuse to operate a vehicle out of safety concerns. Gorsuch dissented.
....
Intern Lauren Russell contributed to this report.
March 17, 2017·4:49 AM ET
At most Supreme Court confirmation hearings, questions focus on hot-button social issues — abortion, affirmative action, same-sex marriage — and the hearings next week on Supreme Court nominee Neil Gorsuch will be no exception. ... But senators are also likely to spend a lot of time examining the nominee's views on federal regulations — of the environment, health and safety laws for workers, and laws on consumer rights and business. ... In question is a doctrine that Gorsuch has criticized but that also once helped his mother.
The Chevron doctrine
The Chevron decision is perhaps the most cited case in American law. Decided unanimously in 1984, it established a general rule of deferring to an agency's reasonable interpretation of a statute. ... The idea is that in passing a law, Congress sets out broad provisions and tells agencies that have considerable expertise to establish rules for carrying out the law's mandates. In short, the agency is to fill in the details.
The Chevron case stems from the Reagan administration. When President Ronald Reagan took office in the early 1980s, the White House adopted more permissive rules for air pollution caused by manufacturing plants. The Natural Resources Defense Council sued the Environmental Protection Agency, then under the leadership of Anne Gorsuch, contending the agency had exceeded its authority. ... Recognize that name, Gorsuch? Yes indeed, her son is the current Supreme Court nominee. ... Back then, the Supreme Court ultimately sided with the Reagan administration and EPA Administrator Gorsuch, declaring that where a statute is ambiguous, the courts should defer to an agency's reasonable interpretation.
....
The case of the frozen trucker
Perhaps no Gorsuch opinion sticks in the craw of liberals more than the so-called frozen trucker case. The trucker, Alphonse Maddin, was transporting cargo through Illinois when the brakes on his trailer froze. The temperature outside was 27 degrees below zero. He called the company and was told help was on the way. But after three hours, he was desperate. ... "I could not feel my feet ... my speech was slurred, and I was having trouble breathing," Maddin said at a press event hosted by Democratic senators on Wednesday. "I started to have thoughts I was going to die." ... So with great difficulty, Maddin unhitched the trailer and drove away, returning about 15 minutes later when help arrived. He was fired by the company, which the Department of Labor later ruled was a violation of federal law. ... A 10th Circuit panel agreed, ruling against the company and citing language in the statute that protects workers who refuse to operate a vehicle out of safety concerns. Gorsuch dissented.
....
Intern Lauren Russell contributed to this report.