3 Supreme Court Cases Could Shake Up the Administrative State

The major theme of the coming Supreme Court term is administrative law. Once obscure, this body of statutes, rules, and cases governing the structure and conduct of the federal government’s administrative agencies gained public attention through recent eye-catching cases—like the ones that downed the student loan cancellation plan and set aside the clean power plan that would have shifted the nation’s power grid to all renewable energy sources.

Now, three cases on the fall docket could reshape the foundations of the administrative state and the power the unelected bureaucracy has over the American people and the economy:

Loper Bright Enterprises v. Raimondo,

Securities Exchange Commission v. Jarkesy, and Agency discretion and independence are motifs in all three cases. Obvious as it may sound, agencies are meant to be agents.

To be effective, an agent needs some flexibility to carry out the principal’s commands. But the greater the latitude, the greater the risk that the agent decides to follow his own agenda over the principal’s.

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