Barrett’s authored opinions give no reason to believe she automatically accepts or rejects a government agency’s interpretation of the law. //

The executive branch of George Washington’s presidency was but a pale image of what we have today. The 91 members of the first Congress outnumbered the executive branch officials empowered to implement congressional acts and presidential orders. Since Congress chartered the Interstate Commerce Commission in 1887, however, the number, reach, and power of executive officials have grown exponentially, creating our contemporary Leviathan administrative state.

A major criticism of the administrative state is that it consists of unelected officials with the power to govern virtually every aspect of modern life without serious oversight by the federal courts. //

The opinions Barrett wrote or joined are reasoned analyses of the relevant statutory provisions, the applicable case law, and the pertinent aspects of the administrative record. These cases suggest Barrett is prepared to do the hard work of statutory interpretation and not simply declare that a statute or regulation is ambiguous and, therefore, the court should defer to the applicable agency’s interpretation.