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Law and Liberty: Judge Kethledge is the Best Choice to Curtail the Administrative State
The Trump administration has made a priority of shrinking the administrative state. A recent study authored by the New Civil Liberties Alliance (NCLA), which is headed by the prominent constitutional-law scholar Philip Hamburger, concludes that “If President Trump wishes to appoint another justice who would respect the Constitution and shrink the administrative state, he would…
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SCOTUS blog: Academic highlight: Hamburger and Siegel on the constitutionality of Chevron deference
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…
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The Economist: Who Has the Right to Judge Americans
“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…
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The Tyranny of the Administrative State
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…
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