Author Topic: Judge Kethledge Is the Best Choice to Curtail the Administrative State  (Read 350 times)

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Offline endicom

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Law and Liberty
Matthew Downer
July 8, 2018

The Trump administration has made a priority of shrinking the administrative state.  A recent study authored by the New Civil Liberties Alliance (NCLA), which is headed by the prominent constitutional-law scholar Philip Hamburger, concludes that “If President Trump wishes to appoint another justice who would respect the Constitution and shrink the administrative state, he would have a hard time—perhaps an impossible time—finding a better choice than Judge Ray Kethledge.”

Philip Hamburger is the nation’s leading scholar on rolling back the administrative state.  He literally wrote the book on the subject, authoring the seminal treatise Is Administrative Law Unlawful?  Professor Hamburger understands perhaps better than any other scholar the need to restore the proper balance between the executive, legislative, and judicial branches.

The NCLA study ranked each of the reported top six finalists for the current Supreme Court vacancy in the “order in which NCLA believes their opinions and/or scholarship both recognize the threat from unconstitutional administrative power and signal a willingness to uphold the Constitution against depredations from the administrative state.”  The NCLA used “exclusively the criterion of which judge is most likely to adhere to the Constitution’s constraints on the administrative state.”  Of all of the judges—including Kethledge, Brett Kavanaugh, Amy Coney Barrett, and Thomas Hardiman—Kethledge came out on top.

More... http://www.libertylawsite.org/2018/07/08/judge-kethledge-administrative-state-power/


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