CleanLaw

Ep 96—Suite of Supreme Court Decisions Undermine Administrative Law

9 snips
Jul 12, 2024
Andy Mergen discusses recent Supreme Court decisions undermining administrative agencies with Jody Freeman. They analyze the 'Quagmire Quartet' of cases, centralization of power in the judiciary, challenges for federal agencies, and hope for upholding important federal rules.
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INSIGHT

Increased Difficulty for Agencies

  • The Supreme Court has made it harder for agencies to do their jobs at every stage.
  • This includes adopting rules, implementing them, enforcing them, and defending them in court.
INSIGHT

Centralization of Power

  • The Supreme Court is centralizing power in the judiciary through these decisions.
  • This impacts separation of powers by giving policy-making authority to the courts.
ADVICE

Advice for Agencies

  • Agencies should continue their work despite new challenges from Supreme Court decisions.
  • They should assess litigation risks but not over-constrain themselves.
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