President Donald Trump’s impending Supreme Court pick will offer conservatives an opportunity to start achieving a long-sought goal: chipping away at the vast administrative state that Americans have known since the New Deal
President Donald Trump’s newest Supreme Court pick will offer conservatives an opportunity to start achieving a long-sought goal: chipping away at the vast administrative state that Americans have known since the New Deal.
“Without question a 6-3 Court captured by right-wing and corporate interests could shut down much of the progressive agenda, if it could act with impunity,” said former Sen. Russ Feingold , president of the progressive legal nonprofit the American Constitution Society. “Clean water, clean air, food and drug safety, regulation of the health care and health insurance industries, consumer protections and workers’ rights are all on the chopping block in that scenario.
“They’re not going to endorse some kind of broad libertarian theory of the Constitution,” said Adler, a law professor at Case Western Reserve University. “There shouldn’t be so much litigation over hugely important rules,” said Misha Tseytlin, a partner at Troutman Pepper and the former solicitor general of Wisconsin who challenged the Obama administration’s EPA regulations. “Rules should be to fill in the details of policy that Congress enacted rather than having wild policy swings when you have a change of administration where you have the exact same law on the books.
The doctrine holds that Congress cannot delegate its lawmaking powers to the executive when it passes laws, at least not without providing an “intelligible principle” to guide an agency. As recently as 2001, Justice Antonin Scalia
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