The Supreme Court heard arguments on Wednesday in two cases inviting the justices to drastically restrict the authority of federal agencies, upend decades of precedent and take more power for themselves.
At least four members of the court seem prepared to do so.
The question is whether Chief Justice John Roberts or Justice Amy Coney Barrett will go along with them to provide a majority.
Out of respect for precedent and judicial humility, they should not.
Conservatives have been stalking this precedent for years, believing, in the words of Justice Neil Gorsuch in 2016, that it gives “prodigious new powers to an already titanic administrative state.”
Persons:
John Roberts, Amy Coney Barrett, Neil Gorsuch, ”
Organizations:
Chevron, Natural Resources Defense Council, jettison