Justice Gorsuch and Waiving Chevron

The Supreme Court has denied certiorari in Guedes v. Bureau of Alcohol, Tobacco, Firearms & Explosives, also known as the bumpstocks case. The D.C. Circuit relied on Chevron deference in upholding the regulations banning bumpstocks. In a statement respecting the denial of certiorari, Justice Gorsuch objected to the D.C. Circuit’s...

Deferenders* to the Rescue

Last week, Aaron Nielson and I posted on SSRN our forthcoming article, Narrowing Chevron‘s Domain, 70 Duke L.J. (forthcoming 2021). Skeptical that the Supreme Court actually will overturn Chevron deference (its rhetoric notwithstanding), we wanted to think carefully about how the Court might curtail Chevron‘s scope to mitigate some of...

Justice Thomas, Brand X, and Baldwin

The Internet and academia are abuzz about Justice Thomas’s dissent from the Supreme Court’s denial of certiorari in Baldwin v. United States. Specifically, Justice Thomas called upon the Supreme Court to reconsider its 2005 decision in National Cable & Telecommunications Ass’n v. Brand X Internet Services. The Court in Brand...