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The Peruvian Robes

Law Talk With Epstein, Yoo & Cooke

CHAPTER

The Quirkiness of Justice Gorsuch

Gorsuch is the one person on the United States Supreme Court who had advanced systematic philosophical training. He studied with John Finnish at Oxford, who was a great teacher. And so after that, he has been cited time after time by people who said, well, you may have thought that carbon dioxide was not a pollutant back in 1960 by 1970 when we passed NEPA and other statute. But now if we do the same kind of analysis, of course it is. The judges shouldn't be trying to balance things all the time or make trade-offs about every time they make decisions.

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