Monday, March 21, 2016

What happened when Merrick Garland wrote for himself

"This would likely make a Justice Garland closer to Justice Anthony Kennedy, Justice Stephen Breyer or even Justice Samuel Alito in criminal cases than to Scalia."
Volokh Conspiracy
. . . "Garland’s opinions urging more deference to federal regulatory agencies suggest that a Justice Garland would likely be more deferential to agency decisions than was the justice he would replace. Justice Antonin Scalia was far more likely to reject an agency’s statutory interpretation than Garland appears to have been on the D.C. Circuit. Scalia, unlike Garland, was also sympathetic to underlying claims about the need to limit federal regulatory authority. In two federalism-related cases in which Garland’s majority prompted separate opinions from one or more colleagues — one concerning the application of the Commerce Clause (Rancho Viejo LLC v. Norton), another concerning the spending power (Barbour v. Washington Metro Area Transit Auth.Garland interpreted the relevant precedents narrowly and showed relatively little concern for the need to limit federal power." . . .
(Emphasis mine, TD)

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