This is Shechter
Poultry all over again. And Judge Gorsuch has fortunately joined in. Last year, in
a concurring opinion in an immigration case called Gutierrez-
Brizuela v. Lynch, he attacked Chevron deference, writing
that the rule ``certainly seems to have added prodigious new
powers to an already titanic administrative State.''
Remarkably, Judge Gorsuch argued that Chevron--one of the
most frequently cited cases in the legal canon--is
illegitimate in part because it is out of step with (you
guessed it) Shechter Poultry. Never mind that the Supreme
Court has not since relied on its 1935 attempt to scuttle the
New Deal.
Keywords matched
immigration