Reference no: EM131569868

During the New Deal, political liberals supported deference to agency decision making part beacuse the Court repeatedly applied the philosophy of laissez faire to strike down government regulation. Administrative agencies developed and implemented the New Deal policies at a time when courts apposed these policies. Today we find that despite President Obama's appointments of Justice Sotomayor and Justice Kegan politically conservative Supreme Court is limiting judicial review of agencies actions and inactions. Hence, like the New Deal, liberals who were appointed to the court in the mid 1930's, the politically conservative majority on the Court today to the agency desecretion. Discuss the administrative laws/ politics paradox. Is it just simply a change in the guard - political conservatives are in the majority on the Supreme Court that explains the current support for the administrative authority? Consider the difference between Justice Rehnquist's majority opinion and Justice Marshall's concurring opnion in Heckler v. Chaney. In this case political conservatives and politically liberal justices defer to administrative interpretation, but their reasoning for doing so differed substantially. How would you describe the difference between contemporary political liberal and conservative jurisprudence on judicial review of agency action and inaction?