Tomorrow, the Supreme Court will issue its opinion in West Virginia v EPA. It will actually be one of the biggest cases in modern history — far more significant than Dobbs. The Court will decide if Congress can delegate its powers to the Executive Branch. If Congress cannot delegate, then federal agencies cannot make regulations that expand on laws passed by Congress. For the past 100 years, Congress has allowed an administrative state to grow by writing broad and vague laws, relying on agencies to do the legislating with specificity. This has allowed the government to be run by technocrats who often even run afoul of a President’s own goals. The Supreme Court could end this tomorrow and, if so, the administrative state of the federal government will come crashing down, as it should.
10 Comments
8 more comments...No posts
Good news!
"In a majority opinion authored by chief justice John Roberts, the justices ruled that the Environmental Protection Agency has not been specifically authorised by Congress when it was set up in 1970 to reduce carbon emissions. As a result, in order for Washington to regulate emissions it would have to pass legislation through in Congress.
The opinion from the majority-conservative court said that “a decision of such magnitude and consequence rests with Congress itself, or an agency acting pursuant to a clear delegation from that representative body”.
From financial times: https://www.ft.com/content/b69f0a4d-a9d8-4a2d-b891-2f3c142f66ac
If the administrative state is halted in its current form tomorrow, what are the likely next steps taken by congress to address the situation?