In the Census Case, Roberts Got Liberals to Help Undercut the Bureaucracy
The Supreme Court rejected Trump’s citizenship question, but the ruling serves a conservative counterrevolution against the administrative state.
John Yoo and James Phillips: "We may soon have a world where Congress can no longer outsource lawmaking to agencies, courts will no longer defer to agencies’ interpretations of ... statutes, and courts will closely scrutinize when agencies do act."
Beth Popp Berman
How...would that even work?
Yoo and Phillips: "Put ... together the census case, Gundy, and Kisor—and we may soon have a world where Congress can no longer outsource lawmaking to agencies... and courts will closely scrutinize when agencies do act."