Source: Law & Liberty
by John O McGinnis
“The Roberts Court has been restoring the separation of powers in the administrative state by strengthening presidential control over the executive branch, pressing Congress to speak clearly when it delegates major authority, and insisting that judges—not agencies—say what the law means. This judicial duty is weakened by doctrines that require courts to defer to administrative agencies’ interpretations of the law. When an agency and a citizen disagree about what a federal law means, judicial deference to the agency can be decisive. That deference affects not just lawyers but also citizens subject to the rules governing energy, health care, finance, and immigration.” (03/12/26)