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Cato Podcast

Neil Gorsuch and the Nomination Process

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 6 February 2017

⏱️ 15 minutes

🧾️ Download transcript

Summary

Neil Gorsuch's own writings raise at least one concern about how he would perform on the Supreme Court. Ilya Somin comments.

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Transcript

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0:00.0

This is the Cato Daily Podcast for Monday, February 6th, 2017.

0:07.0

I'm Caleb Brown.

0:08.0

Neil Gorsuch, President Trump's nominee for the US Supreme Court has a long track record, but there are a few potential reasons for

0:14.9

concern about his nomination based on his own writing.

0:18.1

Ilia Somen, an adjunct scholar at the Cato Institute, discusses the Gorsuch nomination and the broader judicial wars in the Senate.

0:26.5

I've spoken with Cato's Ilia Shapiro and Andrew Grossman, both of which have read a great deal of the opinions of Neil Gorsuch, who has been

0:36.2

nominated to the US Supreme Court by President Trump.

0:39.1

So what are your big takeaways from having looked at some of his past opinions?

0:45.6

I would say that he's a conservative.

0:47.6

For the most part, he thinks of himself as a tactuist and an originalist as well.

0:52.4

The most distinctive thing about his opinions

0:54.7

is his hostility to Chevron deference,

0:57.7

which is this longstanding doctrine

1:00.1

that when a federal law is ambiguous when things are unclear you defer to an

1:05.8

administrative agency's interpretation of the law so long as that

1:09.6

interpretation is quote-unquote reasonable. Clearly Judge Gorsuch is not a fan of this doctrine.

1:16.1

His ideas are very much a challenge

1:18.4

to the dominant Orthodox view in this field.

1:20.7

I think overall he's probably right about this, but this is the one area where somebody could plausibly say he's in some

1:26.8

sense out of the mainstream.

1:28.2

Okay, and that idea of Chevron deference deference to administrative agencies with reasonable

1:35.2

interpretations of vague laws that sort of gets at the delegation issue.

...

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