The recent Supreme Court decision in Loper Bright Enterprises V. Raimondo stops the policy and rulemaking by administrative agencies that goes beyond that authorized by the statutes passed by Congress. Thus, Congress will now have to be much more specific in the language of the laws they pass in order for administrative agencies to enforce those laws. This article from Inside Higher Ed gives both sides of the argument. One being that administrative agencies have been significantly weakened and there is potential chaos on the horizon as a result and the other being that only Congress is authorized to make laws and administrative agencies are to enforce the laws passed by Congress, not add to and expand those laws with their own policies and rules. We will see how it all plays out over the next several months as the lower courts sort out what a return to the pre-Chevron world looks like.
“No agency has overreached more in exceeding congressional authority than the current U.S. Department of Education,” said Jason Altmire, chief executive officer of Career Education Colleges and Universities. “We are pleased that the Supreme Court has, once and for all, restrained the ability of the ideologically driven bureaucrats in the department to craft regulations based upon their own whims and biases, rather [than] what Congress had intended.”
