Regulatory Agencies Suffered Their Latest Blow in Chevron Ruling

And in a 2020 ruling, the five Republican appointees then on the Supreme Court struck down a provision of the law Congress enacted to create the Consumer Financial Protection Bureau that had protected its head from being fired by a president without a good cause, like misconduct.

Karine Jean-Pierre, the White House press secretary, said Friday’s decision was the latest example of the Supreme Court blocking “common-sense rules that keep us safe, protect our health and environment, safeguard our financial system, and support American consumers and workers.”

The court has not always gone as far as libertarians wanted, however. Earlier this term, the court rejected a challenge to the way the Consumer Financial Protection Bureau is funded. Striking it down would have opened the door to lawsuits to nullify every regulation and enforcement action it has taken in its 13 years of existence, including ones concerning mortgages, credit cards, consumer loans and banking.

While overturning Chevron is now the capstone victory for the conservative legal movement’s assault on the administrative state, it may not be the end of the story. More extreme opponents of regulation hope the court will someday embrace a sweeping version of the so-called nondelegation doctrine.

Under that vision, the Constitution does not allow Congress to delegate any of its legislative authority to executive branch agencies. If so, all regulations should be struck down because the only way society can impose a legally binding rule on business interests is if Congress manages to specifically enact one via statute.

Related Posts

How Donald Trump Picked J.D. Vance

How did J.D. Vance, once a harsh critic of Donald J. Trump, win Trump’s approval and become his choice for vice president? Jonathan Swan, a reporter covering…

Project 2025, Explained

A set of conservative policy proposals called Project 2025 has put into words what a second term for Donald J. Trump could look like. Trump has distanced…

Sailor Who Tried to Access Biden’s Medical Records Was Disciplined by Navy

A Navy sailor was disciplined for trying unsuccessfully to gain unauthorized access to President Biden’s restricted medical records earlier this year, a military official said on Tuesday….

Democrats, Swallowing Fears About Biden’s Candidacy, Remain Behind Him

Congressional Democrats indicated on Tuesday that they were unwilling — at least for now — to mount an effort to push aside President Biden despite grave concerns…

N.Y.U. Settles Lawsuit by Students Who Claimed Antisemitic Harassment

New York University will take a number of steps to respond to antisemitism as part of a legal settlement with three Jewish students who said they were…

Bloomberg’s $1 Billion Gift of Free Medical School Tuition Only Applies to Some

How rich is too rich to receive free tuition at medical school? That is the question raised by the $1 billion gift from Bloomberg Philanthropies to Johns…

Leave a Reply

Your email address will not be published. Required fields are marked *