ANALYSIS: Judicial Branch Is Curbing Congress’s Agency Authority

Much of the remainder of the US Supreme Court term is focused on the potential weakening of executive branch agencies, yet the court might also end up wresting power from the legislative branch.

A recent Supreme Court decision requiring “exceedingly clear language” from Congress in certain situations, in conjunction with the application of the major questions doctrine, could put a considerable burden on Congress to adequately draft legislation pertaining to federal agencies. States, institutions, and individuals are already using the major questions doctrine to attack agency rules that—they argue—were not clearly authorized by Congress.

Ongoing federal district court litigation on ...