Philip Hamburger replies

You can read his reply to my blog post wondering whether Gorsuch agrees with Hamburger’s view that administrative law is unconstitutional. Hamburger does not like the emphasis I put on the anti-elite and anti-foreigner themes in his argument but he confirms them. (I did not mean that Hamburger personally does not like elites or foreigners; I was talking about the role that these people played in his argument, which he confirms in his blog post, quite vividly I might add.) I agree with every word in his blog post where he explains his views; they confirm my account.

The bottom line, of course, is that Hamburger believes that administrative law is unconstitutional. If Gorsuch agrees with this view, then this ought to be a matter of concern to the Senate, which has participated in the creation of the administrative state, and would see much of its handwork dismantled by a Hamburgerian justice. Or am I wrong about that, Philip?