The Libertarian Podcast With Richard Epstein

The current rule says, we tend in the case of ambiguity to defer to the agency's interpretation of its own statute. That is in my mind a complete abdication of the judicial function. The one judge who's been most forthright about that has been Justice Gorsuch. And I think if you actually look at the administrative procedure act and look at the distribution of powers between trial and appellate courts more generally, this is what you discover.