Deep Dive Episode 79 – An Update on Gundy v. United States

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Last term in Gundy v. U.S., without Justice Kavanaugh the Court was split between a restoration of a substantial limitation on the administrative state and the status quo. In this case, as Justice Gorsuch described it, Congress gave “the nation’s chief prosecutor… the power to write his own criminal code governing the lives of a half-million citizens.” This case has enormous implications for how much power federal bureaucrats can be given by Congress. In this episode, panelists discuss this case and a potential future without such extensive power for federal agencies.

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Devin Watkins


Competitive Enterprise Institute

Christopher Walker

Professor of Law

Moritz College of Law, The Ohio State University

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