In an opinion,
21-972 Buffington v. McDonough (11/07/22) (supremecourt.gov), arguing that the Court should have heard a case about a federal agency’s denial of disability benefits to an injured veteran, United States Supreme Court Justice Neil Gorsuch cited Professor Evan Bernick’s article,
“Envisioning Administrative Procedure Act Originalism.” In the article,
Professor Bernick explored whether judicial deference to agency interpretations of law is consistent with the text and history of the federal Administrative Procedure Act (APA). Citing Professor Bernick, Justice Gorsuch contended that the APA was meant to restore “a longstanding tradition of independent, non-deferential judicial determination of questions of law.”
