Today’s conservative legal movement is the proverbial dog that caught the car. After years of effort (and more than a little fortuity), a solidly conservative majority now sits on the Supreme Court. The movement has racked up a string of wins on longstanding priorities, ranging from affirmative action to abortion to administrative agency deference, with perhaps the most seismic changes still to come. The Court’s blessing of the long-theorized “major questions doctrine,” which grants courts broad power to deem a particular action outside the purview of administrative agencies and properly committed to Congress, is a blade perfectly forged for dismantling that perennial movement bogeyman, the administrative state.
So where do things go from here?
