This is the Cato Daily Podcast for Wednesday, October 14th, 2020.

I'm Caleb Brown.

Amy Coney Barrett's record on regulation is pretty thin.

The Seventh Circuit doesn't get a lot of regulation

cases so what can be said about how Judge Barrett might opine on cases where

the government wants courts to defer to Congress or regulatory agencies.

Cato's Will Yeatman comments.

We can't say much.

Looking at both her record on the Seventh Circuit and her writings and indeed her avowed ideology,

there's just not much we can take from that and have definitive answers.

And let me unpack that a bit.

First, I should note that politics isn't destiny when it comes to the Supreme Court and it's really never been the case

So this notion that we can put people in in a box if you will as to how they're going to act in the future these justices

that's just belied by history and most recently a point to last term sort of the big environmental case, County of Maui

versus Hawaii Wildlife Fund. It was a big Clean Water Act case and

and this was the first big environmental case before our new you know

quote-unquote conservative majority on the Supreme Court and it came out six three

in favor of environmentalists and that's just it goes to sort of show you this

prognosticating how justices will act in practice is often a fool's errand just to

begin with but then we let's take a look at at Barrett's history,

at you know her time on the Seventh Circuit. Seventh Circuit just isn't an administrative law

powerhouse.

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