Given the relative importance of administrative agency rule changes to SRI investing, the SRI investing sector should be concerned by President Trump’s nomination of Brett Kavanaugh.  Like Neil Gorsuch, Brett Kavanaugh opposes the Chevron deference, the doctrine that requires judges to defer to administrative agencies’ interpretations of federal law where the law is ambiguous and the agency’s position is reasonable.[11]  Limiting the ability of the IRS, the Department of Labor, and other administrative agencies to write enabling rules for sustainable investing could thwart the sector’s momentum.  The 16-year average tenure[12] of a Supreme Court justice means that the current administrative agency positions could survive electing a Democrat to the White House in 2020 or 2024.

Source: Brett Kavanaugh: Casting a Shadow over SRI Investing? | Journal of Political Risk