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  • Article: The SCOTUS Nominee: Judge Neil Gorsuch By Kevin R. Johnson

    The SCOTUS Nominee: Judge Neil Gorsuch


    President Trump has nominated U.S. Court of Appeals Judge Neil Gorsuch to the Supreme Court  For SCOTUSBlog coverage of the nomination, click hereAndrew Hamm profiles the judge

    Law 360 (registration required) identifies three of Judge Gorsuch's "opinions that you need to read right now."  One is Gutierrez-Brizuela v. Lynch. In that case, Judge Gorsuch seized an opportunity in an immigration case to challenge a core doctrine of administrative law, suggesting that affording deference to an agency’s legal interpretation of a statute should be done away with entirely. Under the Supreme Court's 1984 decision in  Chevron v. Natural Resources Defense Council, courts should defer to an agency’s reasonable interpretations of ambiguous laws.  Judge Gorsuch questioned the Chevron decision, stating “We managed to live with the administrative state before Chevron. We could do it again,” Judge Gorsuch wrote. “Put simply, it seems to me that in a world without Chevron very little would change — except perhaps the most important things.”

    Judge Gorsuch's views on immigration, including how he might rule on President Trump's executive orders on immigration, are unclear.

    This post originally appeared on ImmigrationProf Blog © 2017 by ImmigrationProf Blog. All rights reserved. Reprinted with permission.

    About The Author

    Kevin R. Johnson Kevin R. Johnson is Dean, Mabie-Apallas Professor of Public Interest Law, and Professor of Chicana/o Studies. He joined the UC Davis law faculty in 1989 and was named Associate Dean for Academic Affairs in 1998. Johnson became Dean in 2008. He has taught a wide array of classes, including immigration law, civil procedure, complex litigation, Latinos and Latinas and the law, and Critical Race Theory. In 1993, he was the recipient of the law school's Distinguished Teaching Award.Dean Johnson has published extensively on immigration law and civil rights. Published in 1999, his book How Did You Get to Be Mexican? A White/Brown Man's Search for Identity was nominated for the 2000 Robert F. Kennedy Book Award. Dean Johnson’s latest book, Immigration Law and the US-Mexico Border (2011), received the Latino Literacy Now’s International Latino Book Awards – Best Reference Book. Dean Johnson blogs at ImmigrationProf, and is a regular contributor on immigration on SCOTUSblog. A regular participant in national and international conferences, Dean Johnson has also held leadership positions in the Association of American Law Schools and is the recipient of an array of honors and awards. He is quoted regularly by the New York Times, Los Angeles Times, and other national and international news outlets.

    The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.

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