To Repudiate or Merely Curtail? Justice Gorsuch and Chevron Deference

23 Pages Posted: 13 Jun 2019

See all articles by Kristin E. Hickman

Kristin E. Hickman

University of Minnesota - Twin Cities - School of Law

Date Written: May 30, 2019

Abstract

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

Hickman, Kristin E., To Repudiate or Merely Curtail? Justice Gorsuch and Chevron Deference (May 30, 2019). Alabama Law Review, Vol. 70, No. 3, 2019, Available at SSRN: https://ssrn.com/abstract=3396667

Kristin E. Hickman (Contact Author)

University of Minnesota - Twin Cities - School of Law ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States
612-624-2915 (Phone)

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