This Case Could Finally Rein in Federal Agencies
Elizabeth Slattery March 28, 2019 / 17 Comments
Elizabeth Slattery writes about the proper role of the courts, judicial nominations, and the Constitution as a legal fellow at The Heritage Foundation. Read her research. She co-hosts SCOTUS101, a podcast about everything that’s happening at the Supreme Court.
Administrative agencies today issue regulations touching on nearly every aspect of Americans’ daily lives—from highways to health care, and often with limited supervision from the other branches of government.
Congress has delegated more and more of its lawmaking authority to unaccountable administrative agencies, which in turn often are insulated from direct supervision by the president.
Compounding this problem, the Supreme Court has created doctrines instructing courts to defer to the reasonable interpretations of administrative agency officials in the face of ambiguous statutory text or regulations. Specifically, the court’s decisions in Bowles v. Seminole Rock & Sand Co. (1945) and Auer v. Robbins (1997) require judges to defer to an agency’s interpretation of its own regulations if they are ambiguous, as long as that interpretation is not plainly erroneous or inconsistent with the regulations.
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