On Monday, the Supreme Court denied certiorari in Buffington v. McDonough. This case, brought by the New Civil Liberties Alliance, expressly asked the Court to overrule Chevron. Justice Gorsuch dissented from the denial of certiorari. He wrote a sixteen-page opinion that excoriated Chevron. Here is the conclusion:
No measure of silence (on this Court's part) and no number of separate writings(on my part and so many others) will protect them. At this late hour, the whole project deserves a tombstone no one can miss. We should acknowledge forthrightly that Chevron did not undo, and could not have undone, the judicial duty to provide an independent judgment of the law's meaning in the cases that come before the Nation's courts. Someday soon I hope we might.
But no one joined Justice Gorsuch. And it wasn't for a lack of trying.
