Sonia Sotomayor foreshadows Supreme Court ‘dismantling’ administrative state

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decision she accused of “dismantling” the administrative state Thursday, a possible sign of what’s to come as rulings threaten to claw back more agency powers from the executive branch.

“Today’s decision is a massive sea change. Litigants seeking further dismantling of the ‘administrative state’ have reason to rejoice in their win today, but those of us who cherish the rule of law have nothing to celebrate,” Sotomayor wrote in opposition to Chief Justice John Robert’s majority opinion, which was joined by Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.

“It is likely that the court will overrule or at least narrow Chevron,” said Mike Davis, founder of the Article III Project and a former clerk to Gorsuch. During oral arguments, a majority on the court appeared poised to roll back the 1984 doctrine.

 

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