A Term of Significant Administrative Law Challenges
Description
Although the battle lines have been drawn for years, 2023-24 may be the apex of challenges to the administrative state at the Court. On the docket are cases asking the Justices to overturn Chevron deference, to limit the power of administrative law judges at the SEC, and to invalidate the CFPB, among others possible claims. It seems likely the Court is poised to significantly change administrative law. This panel will discuss the specific pending cases and speculate which of the proposed changes the Court will adopt.
Resources
Supreme Court will Consider Major Case on Power of Federal Regulatory Agencies, Amy Howe, SCOTUSblog
SEC's Use of In-House Judges will get US Supreme Court Review, Greg Stohr, Bloomberg
Court will Review Constitutionality of Consumer-Watchdog Agency's Funding, Amy Howe, SCOTUSblog