Oct. 17, 2023
The future of the administrative state
The Supreme Court has not defined what is a major question or what is sufficient authorization from Congress to meet the major questions doctrine. The Court has thus opened the door to challenges to federal administrative regulations of all types.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
This term in the Supreme Court will go a long way to determining the future of administrative agencies which regulate so much of our economy and affect all of us. Administrative agencies did not begin with the New Deal; they started during the presidency of George Washington.
Federal agencies began to increase in the late nineteenth and early twentieth century, with the creation of the Interstate Commerce Commission, the Federal Trade Com...
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