The justices toss yet another precedent, delighting conservatives

Mission accomplished. Power grabbed. Hubris squared, to quote Justice Elena Kagan, as yet another decades-old precedent is tossed aside.of judicial deference to federal agencies, achieves a holy grail of the conservative legal movement, years in the making and a central ambition in President Donald Trump’s selection of justices.

the rule that courts should be reluctant to cavalierly jettison their precedents — in this case one that has been the cornerstone of administrative law since 1984.Administrative law doesn’t pack the emotional punch of abortion access or LGBTQ+ rights, but the day-to-day impact of this seemingly arcane issue is profound.

did not require the court to stick with a “fundamentally misguided” ruling that had proven so “unworkable” in practice that the court had been forced repeatedly to cut it back and hadn’t even relied on it since 2016. Kagan, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson and taking the step of reading her dissent from the bench, accused the majority of continuing its campaign to arrogate to itself authority that Congress has assigned to administrative agencies. The dissent cited recent decisions overturning the Occupational Safety and Health Administration’s“But evidently that was, for this Court, all too piecemeal,” Kagan wrote.

The majority’s “justification comes down, in the end, to this: Courts must have more say over regulation — over the provision of health care, the protection of the environment, the safety of consumer products, the efficacy of transportation systems, and so on,” Kagan wrote. “The majority disdains restraint, and grasps for power.”which has been cited in more than 17,000 lower court cases, “would be a convulsive shock to the legal system.

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