Hatch Questions Gorsuch on Holding Federal Bureaucracy Accountable to the Law
Washington, D.C.—In this week’s Supreme Court confirmation hearing for Judge Neil Gorsuch, Senator Orrin G. Hatch, R-Utah, posed crucial questions on one of the hottest topics of the hearing: the power of judges to hold the federal bureaucracy accountable to the law.
The issue revolves around the so-called “Chevron doctrine,” referring to a key 1984 decision of the Supreme Court in Chevron v. Natural Resources Defense Council. This decision and subsequent follow-on cases require federal judges to defer to federal agencies’ interpretations of law. Critics have questioned whether it gives bureaucrats too much power to regulate, as well as whether it is consistent with the Constitution’s separation of powers. Gorsuch has drawn considerable attention for his skepticism of Chevron deference, such as in his concurring opinion in Gutierrez-Brizuela v. Lynch. Liberal activists and some Senate Democrats have cited his stance on the issue to suggest that Gorsuch would strike down regulations they support.
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Hatch Questions Gorsuch on Constitutional Role of a Judge
Washington, D.C.—The U.S. Senate Judiciary Committee convened today to question Judge Neil Gorsuch for a second day during his confirmation hearing. In his second round of questions with Judge Gorsuch, Senator Hatch pressed him on the proper role of a judge under the Constitution:
“Judges do not exist and work in a vacuum. They work as one part of a system of government and, therefore, must do what they are supposed to do. That system of government has a purpose, described in the Constitution’s preamble as including securing the blessings of liberty. Our liberty requires that each separated branch of government stick to its job. That’s why I think one of the most important things you said yesterday was this: ‘It’s not my job to do your job.’ So let me ask you to expand on that simple statement.”
Judge Gorsuch’s response, via video:
