Posner and Gorsuch

Wooden Gavel with book over white

As the Senate prepares to question Judge Neil Gorsuch for possible appointment to the Supreme Court, my former colleague Eric Posner asks: “Is Gorsuch a Hamburgerian?” Posner thereby attempts to set up Gorsuch by associating him with . . . not really me, nor my scholarship, but a boogeyman of Posner’s imagination.

The version of my scholarship Posner presents to the world is almost unrecognizable: “Hamburger is anti-elite”; “Hamburger is anti-foreigner”; “Hamburger is anti-executive.” These views bear no resemblance to my scholarship or my personal opinions, and it therefore is necessary to state my views as they really are.

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Philip Hamburger’s German Connection, and Mine: Part I

Chapter 24 in Philip Hamburger’s brilliant book on—or rather against—administrative law is entitled “The German Connection.” The Progressive architects of administrative law—Frank Goodnow; Ernst Freund; John Burgess and apparently the rest of Columbia Law School; Woodrow Wilson—all admired the Germans’ post-Hegelian, “scientific” approach to administration. Many had studied at German universities. And so America acquired what she’d never had before: administration. The rule of “experts,” outside constitutional channels and constraints.

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Introducing Philip Hamburger as August’s Guest Blogger

I am beaming with delight to announce that Philip Hamburger, the Maurice and Hilda Friedman Professor of Law at the Columbia University School of Law, will be joining Law and Liberty for the month of August as a guest blogger. You might have heard of his latest impressive work of scholarship Is Administrative Law Unlawful? My podcast with Prof. Hamburger earlier this month explores his exposition on the extralegal capacity of the administrative state. Progressives claim that law-making executive agencies are a necessity for organizing a large commercial and urban society, but Hamburger convincingly argues that it really is a…

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