• Edward Whelan: Scalia and Gorsuch on Chevron Deference
    Articles,  Blog

    Edward Whelan: Scalia and Gorsuch on Chevron Deference

    The argument that Justice Scalia embraced in a noteworthy 1989 Law Review article, is that it was important and valuable to have a default rule so the courts weren’t always trying to figure out, right at the beginning, what do we do with this statute? Is this a statute that calls for us to defer it to the agencies or not? He emphasized that Chevron was not, by any means, constitutionally mandated. He believed that there was value in having a clear rule up front for Congress to choose to depart from if it wanted to, to, for the courts to have a clear rule to apply in reviewing agency…

  • Justice Gorsuch, Carpenter, & the Fourth Amendment [POLICYbrief]
    Articles,  Blog

    Justice Gorsuch, Carpenter, & the Fourth Amendment [POLICYbrief]

    In Carpenter v. United States, Timothy Carpenter participated in a string of armed robberies in 2011. He and his co-conspirators were robbing a string of Radio Shack and T-Mobile stores, ironically for cell phones. And later, one of the co-conspirators, gave his personal cell phone number to the FBI, and the FBI then under the Stored Communications Act was able to obtain Carpenter’s location information, which is conveyed via his cell phone every time you make or receive a call. The main question before the court in Carpenter was whether an individual has a reasonable expectation of privacy in the data conveyed day-to-day via their cell phone. So the Supreme…