The Supreme Court’s Latest Power Grab: Regulatory Oversight
In recent years, the Supreme Court’s conservative bloc has been making significant strides in advancing their key aim of “deconstructing the Administrative State.” This agenda, outlined in the Project 2025 manifesto, seeks to limit the power of government agencies and roll back regulations that protect the American people. And with the recent decision in Gundy v. United States, the Court has taken another step towards achieving this goal.
The case of Gundy v. United States centered around the interpretation of a provision in the Sex Offender Registration and Notification Act (SORNA). This law requires convicted sex offenders to register with the government and keep their information up to date. Failure to do so can result in criminal charges. However, the law also includes a provision that allows the Attorney General to determine whether or not the law applies to offenders who were convicted before the law was enacted.
In a 5-3 decision, the Court upheld this provision, with the conservative justices in the majority. This decision effectively gives the Attorney General the power to decide which laws apply to whom, without any oversight from Congress. This is a clear violation of the separation of powers and undermines the checks and balances that are essential to our democracy.
But this decision is just the latest in a series of rulings that have chipped away at the power of government agencies. In 2018, the Court ruled in Lucia v. SEC that the Securities and Exchange Commission’s administrative law judges were appointed in an unconstitutional manner. This decision has far-reaching implications, as it calls into question the legitimacy of thousands of decisions made by these judges. It also sets a dangerous precedent for other agencies that use similar administrative judges.
And in 2019, the Court ruled in Kisor v. Wilkie that courts should defer to an agency’s interpretation of its own regulations, as long as it is reasonable. This decision weakens the power of the courts to review agency actions and gives even more authority to unelected bureaucrats.
These decisions are all part of the conservative bloc’s larger agenda to limit the power of government agencies and roll back regulations. They argue that these agencies have too much power and are not accountable to the American people. But in reality, these agencies are essential for protecting the health, safety, and rights of all Americans.
The Administrative State, as it is often referred to, is made up of government agencies that are responsible for enforcing laws and regulations. These agencies are created by Congress and are accountable to the President, who appoints their leaders. They are also subject to oversight from Congress and the courts. This system of checks and balances ensures that these agencies are acting in the best interest of the American people.
But the conservative bloc on the Supreme Court is determined to dismantle this system. They argue that these agencies are too powerful and that their regulations stifle economic growth and individual freedom. However, the reality is that these regulations are in place to protect the American people from harm. They ensure that our food and water are safe, that our workplaces are free from discrimination, and that our environment is protected for future generations.
The conservative bloc’s agenda is not only dangerous for the American people, but it also goes against the will of the majority. Polls consistently show that the majority of Americans support government regulations, especially when it comes to protecting the environment and public health. Yet, the Supreme Court’s conservative justices continue to push their agenda, ignoring the will of the people and the importance of these regulations.
It is clear that the Supreme Court’s conservative bloc is using their power to advance their own political agenda. They are not upholding the Constitution or protecting the American people. Instead, they are giving more power to corporations and the wealthy, at the expense of everyday Americans.
But there is hope. The 2020 election is just around the corner, and it is crucial that we elect leaders who will stand up for the American people and the rule of law. We must also continue to hold the Supreme Court accountable and demand that they uphold the principles of our democracy.
In the meantime, we must also support organizations and activists who are fighting to protect the Administrative State and the regulations that keep us safe. We cannot allow the conservative bloc on the Supreme Court to continue their power grab and dismantle the very institutions that are meant to protect us.
In conclusion, the recent decision in Gundy v. United States is just the latest in a series of power grabs by the Supreme Court’s
