Sunday, April 16, 2023

Defeat for Biden Administration

Supreme Court Rules Against Biden Admin in Agency Lawsuit Dispute

A Supreme Court ruling on April 14 made it easier to challenge the reach of two powerful federal agencies—the U.S. Federal Trade Commission (FTC) and the U.S. Securities and Exchange Commission (SEC).

In its new red tape-cutting decision that is a defeat for the Biden administration, the Supreme Court took steps to rein in the so-called administrative state and reaffirm the separation of powers doctrine that prevents any specific branch of the government from exercising the core functions of another. The idea behind the doctrine is to discourage the concentration of power and make sure there are checks and balances.

On April 14, the Supreme Court ruled unanimously against the agencies. The court’s opinion was written by Justice Elena Kagan. Justice Neil Gorsuch did not join the court’s opinion; instead, he concurred in the judgment of the court but filed a separate opinion explaining his reasons for supporting the end result.

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

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