Tags: Support | Gorsuch | Entrepreneurism | Supreme Court

Support for Gorsuch on Supreme Court Is Support for Entrepreneurism

Support for Gorsuch on Supreme Court Is Support for Entrepreneurism
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By    |   Saturday, 01 April 2017 02:37 PM

It was so disheartening to watch Judge Neil Gorsuch undergo a merciless grilling during his confirmation hearing. This proud, intelligent jurist deserves better.

He will be such a breath of fresh air for entrepreneurs and small businesses that are chafing under over reaching federal regulations that hurt growth, prosperity and hiring.

A Chicago Tribune story quotes Gorsuch, who wrote: “Administrative agencies enjoy remarkable powers in our legal order. Still, there remains one thing even federal administrative agencies cannot do. Even they cannot penalize private persons and companies without some evidence the law has been violated.”

The belief from the business world is that his conservative approach could tip the balance in labor union cases and other clashes important to our entrepreneurial community that have split the high court recently.

The Tribune noted that with Gorsuch getting confirmed, he would be a welcome voice when the Supreme Court is expected to decide whether companies can require workers to sign away their right to pursue class-action lawsuits. The National Labor Relations Board says such waiver agreements violate the rights of millions of workers who want to sue over wage disputes and other workplace clashes.

He would have made a big impact on the Supreme Court when a 4-4 tie vote sustained the ability of California’s public unions to take dues out of the workers’ paychecks without their approval. This allows their hard-earned money to be channeled back to the Democrat Party, even if the worker doesn’t agree with their politics.

During his confirmation process, a much discussed ruling revolved around the Chevron doctrine, which was enacted in 1984, and grants federal government agencies broad powers to interpret laws and rules. Essentially, it holds that when the intent of a law is not clear, courts should defer to regulators to decide how rules should be applied. CNN Money quotes Gorsuch as writing: “Chevron allows bureaucracies in the executive branch to "swallow huge amounts" of power from the judicial and legislative branches, and concentrates federal power "in a way that seems more than a little difficult to square with the Constitution of the framers' design."

His willingness to challenge the Chevron doctrine "is a very positive signal to small businesses." Regulatory overreach is a serious threat and the basis on which National Federation of Independent Business (NFIB) is actively fighting multiple agencies in federal court.

Juanita Duggan, CEO of the NFIB, a small business trade group is quoted by CNN saying: “The decision also demonstrated Gorsuch's widely acknowledged flair for writing. He wrote that allowing regulators the power to interpret laws gives them license to pre-empt the courts -- and essentially write laws without the inconvenience of the legislative process.”

The Tribune further notes that on the appeals court in Colorado, Gorsuch's opinions have taken aim at federal labor and employment agencies for going beyond their congressionally mandated missions. He has suggested that the Supreme Court should overturn a 1984 ruling that says courts must defer to government agencies when it comes to interpreting laws that define their mission.

If you want to see a regulatory agency that does not interpret rules correctly, the poster child is the EPA, which Trump has singled out for possible elimination. As we have seen, the EPA has acquired broad powers to enact a series of dizzying regulations, many of which call for technologies that aren’t even developed.

One of the most egregious EPA rulings is expansion of the Clean Water Rule, which extends federal jurisdiction to bodies of water that can flow into rivers and lakes.

The end result is that it affords property owners such as small businesses, less flexibility on using their land under the Environmental Protection Agency’s Rule.

According to The Business Journal, the rule is so broad that it covers ditches, ponds and streams that only flow when it rains. Opponents contend the rule makes it more difficult for property owners to develop their land and interferes with local land use decisions.

Under the rule, property owners would have “to spend tens of thousands of dollars to obtain federal permits before doing things as simple as landscaping or dredging soil if the land (or land near it) collects water for any significant period of time throughout the year,” the National Federation of Independent Business states.

Ironically, Gorsuch’s mother, Anne Gorsuch Burford, was the first female head of the Environmental Protection Agency, serving under President Ronald Reagan. She was a well-known critic of the federal government for being too big and restrictive of business.

Gorsuch is the right justice at the right time to give small business the support they deserve. He certainly has the pedigree to be one of our greatest justices.

Neal Asbury is chief executive of The Legacy Companies.

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NealAsbury
It was so disheartening to watch Judge Neil Gorsuch undergo a merciless grilling during his confirmation hearing.
Support, Gorsuch, Entrepreneurism, Supreme Court
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2017-37-01
Saturday, 01 April 2017 02:37 PM
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