To Repudiate or Merely Curtail? Justice Gorsuch and Chevron Deference
23 Pages Posted: 13 Jun 2019
Date Written: May 30, 2019
Justice Gorsuch is regarded as one of the Chevron doctrine's most ardent foes, largely though not exclusively based on his opinions as a Tenth Circuit judge in De Niz Robles v. Lynch and Gutierrez-Brizuela v. Lynch. Written for a symposium entitled Life After Scalia: Justice Gorsuch and Modern Textualism on the Supreme Court, this essay takes a deeper dive into Justice Gorsuch's Chevron jurisprudence as a Tenth Circuit judge to develop a more nuanced account and to make some predictions regarding how his views of Chevron may shape future Supreme Court decisionmaking.
Keywords: Chevron, Gorsuch, Judicial Review, Deference, Statutory Interpretation
JEL Classification: K20, K23, K41
Suggested Citation: Suggested Citation