Re: Power of the SCOTUS IX: The outlook wasn’t brilliant for the SCOTUS nine that day
I wonder if Gorsuch might not say that if I found myself in a spot similar to the trucker's position, nearly out of gas, freezing -- it would be a reasonable decision on my part to take possession of your parked car to go and get help and save myself. But it probably wouldn't be a legal one as I guess I just stole your car.
This case is in the news as it seems to both indicate Gorsuch's dislike of Chevron and his interest in sticking to what he thinks the law actually says. He argues the majority say that the law is ambiguous and therefore they rely on the federal agency's guidance for clarity (citing Chevron) when in his view the law isn't ambiguous at all and a judge shouldn't jump through hoops to conclude it is.
I wonder if Gorsuch might not say that if I found myself in a spot similar to the trucker's position, nearly out of gas, freezing -- it would be a reasonable decision on my part to take possession of your parked car to go and get help and save myself. But it probably wouldn't be a legal one as I guess I just stole your car.
This case is in the news as it seems to both indicate Gorsuch's dislike of Chevron and his interest in sticking to what he thinks the law actually says. He argues the majority say that the law is ambiguous and therefore they rely on the federal agency's guidance for clarity (citing Chevron) when in his view the law isn't ambiguous at all and a judge shouldn't jump through hoops to conclude it is.
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