Symposium: The court begins to strike back at the administrative state

Ilya Shapiro is a senior fellow in constitutional studies at the Cato Institute and editor-in-chief of the Cato Supreme Court Review. He filed amicus briefs supporting the petitioner in Lucia v. SEC and the respondents in South Dakota v. Wayfair. June 21 was “government structure day” at the Supreme Court. In four separate cases, interpreting four different administrative-law or separation-of-powers doctrines, the justices produced opinions that will keep law professors updating syllabi for their constitutional and administrative law classes all summer. I initially focused on Lucia, given both my previous writings about the case and my general interest in the appointment and removal powers, but then I discovered the common theme to the quartet: Structure matters. Here’s how the Supreme Court rolled that out: First, in Wisconsin Central v. United States, Justice Neil Gorsuch’s majority opinion made a clear point about Chevron deference in the context of…

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