Can the Court Control the Administrative State?

John Yoo discusses the prospects for the Supreme Court to enact tremendous reform of how the administrative state engages in law-making. Spurred by a 2019 dissenting opinion written by Justice Neil Gorsuch in U.S. v. Gundy that called for a revival of the so-called "nondelegation doctrine", Yoo describes how the Court would curtail Congress from transferring lawmaking power to federal agencies.

Yoo notes, "the question the Roberts court has to face is, do we think that the courts, by trying to constrain how far Congress can go, can actually force Congress to become more accountable and take responsibility for these tough policy choices, even when Congress doesn't want to do it? I think that's a very, very hard question. You could see the court making these decisions in the way that place limits on what Congress can do, place limits on what the administrative state can do."

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