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A Chevron Revolution In The Supreme Court?


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A Chevron Revolution In The Supreme Court?

by David Davenport

Friday, October 26, 2018

The appointments of two conservative justices to the Supreme Court this year has led to speculation—perhaps even an expectation--that the Court will now undertake a conservative revolution.   Most of this discussion has revolved around a turning back of the dramatic social change brought about by the Court with its legal protection of abortion and same-sex marriage.  Yet a social counter-revolution of this kind would be surprising, since respecting judicial precedent has long been a principle of conservative judges.  Instead, one could more readily envision a slowdown of social change from the Court, or even some limitations on existing social rights, than a full-scale revolution.

Peter Wallison’s new book, Judicial Fortitude:  The Last Chance To Rein In The Administrative State (Encounter Books, 2018), rightly contemplates a more likely path for a conservative Supreme Court:  slowing, stopping, or even rolling back the dramatic growth of the administrative state.  As Wallison points out, since the Supreme Court has contributed to the rise of the administrative state, it could at least do its part to curtail it.  In fact, Wallison is optimistic that the Court, exercising powers that it has not used in decades, could do even more than that. :snip: 

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