The U.S. Supreme Court seems poised to end “Chevron deference,” handing America’s political right a long-sought victory over the federal administrative state. Alongside the Court’s 2022 landmark articulation of the “major questions doctrine” (MQD), Chevron’s demise promises to slow the brash policymaking of Washington’s unelected officials.
More broadly, though, by returning power to legislators and the voters they represent, these decisions could help diffuse this era’s unusual populist energy. But for that to happen, Congress would need to start doing its job and state leaders would need to ensure that their agencies don’t become the new, presumptuous administrative state. In other words, the U.S. Supreme Court alone can’t rejuvenate democratic deliberation and decision-making.
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Andy Smarick is a senior fellow at the Manhattan Institute. Follow him on Twitter here.
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