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Congress Fails, Courts Prevail in Reforming Out-of-Control Federal Agencies

Congress talks and talks and huffs and puffs about over-regulation and reform of the Administrative State but never takes on the challenge. The courts, however, are again stepping into a legislative role to place limits on agency lawmaking as Congress continues down the path of irrelevancy. For decades, there have been concerns about the federal…

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The Supreme Court Ends Federal Agency Lawmaking

The decades-long, push by federal agencies to make law through regulation and litigation was ended by the U.S. Supreme Court on the last day of its 2021-2022 term when it announced its Major Questions Doctrine. While the court addressed a rulemaking by the U.S. Environmental Protection Agency (EPA), its ruling limits the power of all…