https://katten.com/a-brave-new-world-the-supreme-court-torp…

The Supreme Court is at war with the “administrative state.” In three major cases decided at the end of the Supreme Court’s last term, the Court decided against the administrative state, reducing the powers of administrative agencies. “Chevron deference” to agency interpretations in areas of their expertise was eliminated. The “public rights” exception to a target’s right to a jury trial in an action brought by an agency was redefined and limited. The statute of limitations to challenge agency rulemaking was extended to permit a new entity to challenge decades-old rules. Collectively, these decisions shift power away from the agencies (and in some cases Congress), transferring that power to the Courts. Decades-old precedents were swept aside to shift the balance of power in Washington. The implications of these decisions extend to all federal agencies.
What is the fuss about? As the concurrence in Cochran v. SEC1 argued, democracy itself is at issue:
Woodrow Wilson. . . argued that universal suffrage would make the three branches of government ignorant, indolent, and incapable of regulating modern affairs. Wilson’s solution? He wanted administrative agencies to operate in a separate, anti-constitutional, and antidemocratic space — free from pesky things like law and an increasingly diverse electorate. One of Wilson’s acolytes, James Landis, was the SEC’s founding father. . . . Landis hoped that the SEC could set upon Americans without interference from courts—unless and until the SEC gave courts permission to review its work. That is obviously not how our government is supposed to work. And in the Landisonian view, that’s precisely the point.2
A contrary view was presented by Justice Elena Kagan in her dissent in Seila Law LLC v. Consumer Financial Protection Bureau,3 where she argues that a flexible approach to administrative law is necessary to create a working government:
In second-guessing the political branches, the majority second-guesses as well the wisdom o…