Decisions limiting federal agencies could prompt Congress to act

By David Coale (August 4, 2022, 3:30 p.m. EDT) – A conservative federal justice system expresses growing skepticism about the reach of the administrative state — the sprawling agencies that make up most of today’s federal government.

Following opinions that limit the agency’s power, Congress may be tempted to respond in kind by limiting the judiciary.

The United States Supreme Court’s recent opinion on West Virginia v. United States Environmental Protection Agency may have supported Congress in this regard, confirming that Congress can have a unique interest in particular topics compared to other branches of government.

Two recent cases illustrate the current conservative thinking of the federal courts regarding…

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