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    You are at:Home»Faculty»Law Experts Shoot Down “Silly” “Nonsense” Attacks On Merrick Garland As Anti-Business
    Professor Joseph Landau

    Law Experts Shoot Down “Silly” “Nonsense” Attacks On Merrick Garland As Anti-Business

    0
    By on April 22, 2016 Faculty, In the News

    Joseph Landau was quoted in a Media Matters for America blog post about continued resistance to Merrick Garland as Obama’s Supreme Court nominee.

    Conservative claims that Supreme Court nominee Merrick Garland’s rulings prove he is anti-business are “silly” “nonsense,” according to administrative law experts who spoke with Media Matters.

    Earlier this month, the Koch-backed National Federation of Independent Business (NFIB) released a “scorecard” of Garland’s rulings as a judge on the D.C. Circuit. The group claimed its scorecard proved Garland “is quantifiably biased in favor of regulatory agencies and against private sector businesses” because he often ruled in favor of several government agencies.

    …

    “If you look at cases involving direct regulation by government agencies, his pattern of voting in those cases is entirely standard,” said Laurence Tribe, a professor at Harvard Law School. “It’s the common approach because ever since the Chevron decision the idea has been that Congress can’t always address all of the details that arise in the regulatory state so they give a lot of leeway to expert agencies in deciding how best to carry out the underlying purpose that Congress had in enacting statutes. Therefore, the idea is when agencies resolve those ambiguities in ways that are at least rational and don’t cross any boundaries that are laid down, federal judges usually defer.”

    Joseph Landau, associate professor at Fordham Law School, agreed.

    “The Supreme Court has said that if the statute is unclear, courts should defer to the agency’s interpretation of the federal law as long as the agency’s interpretation of the statute is reasonable,” he said. “If the statute is unclear, and the agency is interpreting the statute, courts have generally held that the agency gets deference. There are exceptions, but deference is the presumption.”

    Read the full piece.

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