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Gorsuch’s Deference Claim Raises Stakes For Agencies’ Regulatory Discretion

March 07, 2019
Supreme Court Justice Neil Gorsuch in a new dissent claims there is “mounting criticism” of the Chevron principle that gives primacy to OSHA and other agencies’ interpretations of unclear laws, raising the stakes for pending cases that could give the court’s strengthened conservative majority an opening to narrow or scrap the doctrine. Gorsuch, well-known as an opponent of deference principles, released a dissenting opinion to the March 4 decision BNSF Railroad Co. v. Loos that one observer...


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