Perspective: In an emergency like climate change, it’s the alphabet agencies that can act effectively. Without them, power is left to the president.
The court’s conservative majority is out to shrink the administrative state in favor of decision-making by Congress, but it’s a Congress incapable of deciding much at all. Or at least the Senate is incapable — and the House is ineffective without the Senate. The inaction may have been survivable in the past, when Congress was merely too dysfunctional to deal adequately with health care, labor law or many other issues.
Regardless, even if in good faith, the court’s hostility to the administrative state is imperiling the existence of Congress. Delegation of legislative power is the very thing that saves it — and has saved it, ever since the administrative state as we know it came into existence in the 1930s.
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