Even as it has ushered in sweeping changes to American law and society – on abortion, gun rights and affirmative action – the U.S. Supreme Court has kept tabs on another issue of keen interest to its conservative majority: keeping federal regulatory power in check.
The cases involve what has come to be known as the “administrative state,” the agency bureaucracy that interprets laws, crafts federal rules and implements executive action. The court’s conservatives, with a 6-3 majority, in recent years have reined in what they viewed as governmental overreach by the Environmental Protection Agency (EPA) and other agencies.
“Next term is going to be a huge one at the court for cases involving the administrative state,” said Brianne Gorod, chief counsel at the Constitutional Accountability Center liberal legal group. “These cases all represent challenges that are part of a long-running, multifaceted conservative attack on the administrative state, and nothing less than the ability of the federal government to function effectively is at stake.”
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