The Biggest Case is Still to Come

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.