The Learned Sixth: Kethledge, Hayek, And "Executive Activism"

Perhaps no Circuit has featured as robust and sustained a debate about administrative deference as the " Learned Sixth." This month Judge Raymond Kethledge added his voice to that conversation—though not in a judicial opinion.

Instead, Professor Kethledge donned his University of Michigan hat (helmet?) and delivered the 15th Annual Hayek Lecture at the NYU Classical Liberal Institute. Past lecturers included the economist and historian Deirdre McCloskey (another Ann Arbor native) and the Sixth Circuit's own Jeff Sutton (whose 2013 Hayek lecture addressed technology and federalism—a topic that later animated one of Judge Kethledge's most notable opinions, U.S. v. Carpenter, regarding cell-site records).