National Review
Ilya Shapiro
Nov. 22, 2017
A sleeper case could rein in the SEC.When Neil Gorsuch was nominated to the Supreme Court, pundits focused on two aspects of his judicial record: his dedication to textualism in statutory interpretation and his skepticism of the growth of the administrative state. These beliefs align the justice with a growing chorus of lawyers and academics who think the judiciary has become too deferential to executive agencies, allowing bureaucrats to interpret statutes contrary to how Congress wrote them.
Well, later this month the Court will hear a case that, precisely because it doesn’t involve a hot-button issue such as immigration or transgender bathroom access, could be the perfect vehicle for reasserting judicial review of a relatively unfettered bureaucracy. Digital Realty v. Somers involves the question of who gets whistleblower protection under Dodd-Frank, an issue that is clearly addressed in the statute but has nonetheless bedeviled the courts, generating a jumble of contradictory rulings and confusion in the workplace.
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http://www.nationalreview.com/article/453992/neil-gorsuch-chevron-scotus-case-strike-blow-deference
