Academic highlight: Hamburger and Siegel on the constitutionality of Chevron deference “Is Chevron deference unconstitutional? Congress, several justices and legal academics are debating the legitimacy of this decades-old principle of administrative law. In Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc., decided over 30 years ago, the Supreme Court declared that courts must defer to a federal agency’s reasonable interpretation…

“An amicus brief filed by the New Civil Liberties Alliance, a non-profit group, asserts that the SEC, in effect, gamed the civil-service process to obtain sympathetic judges, and that another agency, the Commodity Futures Trading Commission, was similarly adept in using the rules to dump a judge it found to be too independent.” Click here…

New York What’s the greatest threat to liberty in America? Liberals rail at Donald Trump’s executive orders on immigration and his hostility toward the press, while conservatives vow to reverse Barack Obama’s regulatory assault on religion, education and business. Philip Hamburger says both sides are thinking too small. Like the blind men in the fable who try to describe…

Click here to listen to NCLA’s Caleb Kruckenberg discuss the Aposhian v. Whitaker case. TweetShareShare0 Shares

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The legal battle between radio frequency ID ear tag opponents and the USDA is back on. A previous lawsuit filed by R-CALF USA and several ranchers was dismissed after USDA reversed course on a rule that would have required cattle producers to use RFID ear tags and register their premises by 2023 if they transport…