Awaiting the Nondelegation Doctrine’s Return

Awaiting the Nondelegation Doctrine’s Return

The end of mandatory judicial deference to agency legal interpretations in Loper Bright v. Raimondo took the federal government a step nearer to its roots in a political system in which questions big and small are matters of public debate, not bureaucratic discretion. By contracting the sphere of agency discretion, the Supreme Court ensured that a greater number of decisions must be resolved by Congress before an agency is allowed to administer …