John Roberts, the “institutionalist” chief justice, has given the president kingly powers, overturned a Reagan-era regulation doctrine, and issued two decades of wrecking ball opinions. It’s only going to get worse.
Chevron deference
Posted inMagazine
Reconstruct the Administrative State
This article is from a cover package of essays entitled Ten New Ideas for the Democratic Party to Help the Working Class, and Itself. Find the full series here. The impending return of aggressive right-wing presidentialism under Donald Trump is likely to take on a dangerous double character. On one side, those parts of the administrative state […]
Posted inLaw and Justice
Musk and Ramaswamy’s DOGE Project to Eviscerate the Federal Government is a Legal Train Wreck
The half-truths and lies in their “Department of Government Efficiency” blueprint for kneecapping the administrative state begin to expose the plan’s vulnerabilities.
Posted inLaw and Justice
The Roberts Court’s Chevron Ruling and Darkening Clouds Over the Administrative State
Conservatives cheered the Court overturning the 40-year-old reasonable standard of deference to agencies. But other rulings may do more to hamstring both elected branches of government while aggrandizing the role of judges.
Posted inLaw and Justice
As the Supreme Court Reconsiders “Chevron Deference,” Will Its Ruling Be Monumental or “Meh”?
Last month, the Supreme Court heard two cases—Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce—each widely anticipated because the Court’s ruling on them could significantly reshape the federal judiciary’s relationship to the federal administrative bureaucracy. The issue in both is whether the Court should overrule, or at least narrow, a 40-year-old […]
Posted inLaw and Justice
On Regulation and Immigration, the Supreme Court Tried to Seem Reasonable
Their end-of-term decisions on greenhouse gas regulation and migrants from Mexico could have been worse, but the conservative justices are still pushing the Court rightward.
Posted inMagazine
Limitations of Statute
The conservative Supreme Court is poised to dismantle the regulatory state. Representative Pramila Jayapal is the lone liberal fighting back.
