Triple Threat Against the Administrative State

Yesterday I filed three briefs challenging various aspects of bureaucratic overreach.

The Supreme Court is poised to decide several important cases that look to push back on the administrative state, most notably the possible overruling of judicial Chevron deference to agency legal interpretations. As we await that potential earthquake in federal governance—less sexy but more significant than many culture-war cases—my colleagues and I at the Manhattan Institute have continued working on more cases that enforce federalism and the separation of powers. This latest trio involves the Securities and Exchange Commission’s attempt to regulate climate change, the same agency’s prohibition on criticism of its actions, and the Labor Department’s shenanigans in drawing the line between employees and independent contractors.