
Live From George Mason
Advisory Opinions
00:00
Are We Going to Reverse Precedent?
I'm thinking not really. I think Kavanaugh is not as institutionalist as Roberts. He's more originalist say than Roberts is. But it's hard for me to see a court with Kavanaugh as the median justice rethinking wholesale a lot of the precedent that has granted the federal government, many of the rather expansive powers that it holds today. Will we see a full revival of non-delegation? I don't know. Are we going to see trimming of Chevron if either explicitly or turning Chevron into more zombie type precedent? I think maybe. A lot of that will be on what happens next to the federal government versus what happens to the existing structures, if that makes sense.
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