The future of the administrative state hangs in the balance. Supreme Court justices will soon decide in a pair of cases whether to reverse a decades-old precedent known as thedeference that would curb federal agencies’ power to regulate everything from Wall Street to the stove in your kitchen.
“The idea is to empower Congress more, relative to the executive branch,” said Mark Chenoweth, president of the New Civil Liberties Alliance. “What we had been seeing underwas a 180-degree flip from administration to administration where they’d change dozens and dozens of rules. And there has been limited ability to challenge some things through the courts.
“Rather than say what the law is, we tell those who come before us to go ask a bureaucrat,” he added. “Less well understood was the extent to which administrative agencies tend in the main to be committed to a policy of maximization,” said Heritage Foundation legal fellow Jack Fitzhenry. “The tendency has been for agencies to adopt policies that push at the outer boundaries of the law.”
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