It looks like the Supreme Court has the administrative state on the run, or at least on the defensive, after decades of regulatory agencies accumulating legislative-style powers over many aspects of the economy. In a major victory against bureaucratic discretion, the Court ruled, in West Virginia v. EPA, that the EPA exceeded its mandate under the Clean Air Act. And there’s more to come, in an emerging case concerning the vast powers of the Consumer Financial Protection Bureau. Like with Dobbs, federal power is being pared back in a major reinstatement of constitutional jurisdiction. In the meanwhile, Thomas Jefferson’s historic Monticello home is being transformed into a “woke” indictment of the scribe of the Declaration of Independence.
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