The Briefing Room
General Category => Editorial/Opinion/Blogs => Topic started by: rangerrebew on March 21, 2017, 03:04:11 pm
-
Gorsuch v. the administrative state
By Bruce McQuain
The fight against the Gorsuch SCOTUS nomination begins with the usual mischaracterization of his legal positions by opponents. In this case the attack is made by Eric Posner through Philip Hamburger and a convenient straw man:
As the Senate prepares to question Judge Neil Gorsuch for possible appointment to the Supreme Court, my former colleague Eric Posner asks: “Is Gorsuch a Hamburgerian?” Posner thereby attempts to set up Gorsuch by associating him with . . . not really me, nor my scholarship, but a boogeyman of Posner’s imagination.
The charge? Gorsuch is an “anti-elitist” (that’s bad? – ed.). Regardless, Hamburger makes mince meat (ok, I couldn’t resist) of the Posner argument, such that it is:
http://www.qando.net/2017/03/17/gorsuch-v-the-administrative-state/
-
Is Gorsuch a Hamburgerian? I certainly hope he is.
Is Administrative Law Unlawful?
by Philip Hamburger
https://www.amazon.com/Administrativ...w%2C+hamburger (https://www.amazon.com/Administrative-Law-Unlawful-Philip-Hamburger/dp/022632463X/ref=sr_1_1?ie=UTF8&qid=1490221097&sr=8-1&keywords=administrative+law%2C+hamburger)
An excellent read and one of the best 5 books I have read in the last few years.
Highly recommended.
The short answer. Administrative Law is Unlawful.