Replies to Post #784839 onFannie Mae-No Politics (FNMA)

Replies to #784839 on Fannie Mae-No Politics (FNMA)

02/02/24 1:29 PM

https://www.heritage.org/courts/commentary/3-supreme-court-cases-could-shake-the-administrative-state

"KEY TAKEAWAYS

The major theme of the coming Supreme Court term is administrative law. Once obscure, this body of statutes...gained public attention through recent cases.

Loper Bright will have major implications for citizens fighting administrative agencies in courts.

These three cases remind us how excessive judicial deference coupled with congressional laziness has created our all-powerful administrative state."

"Now, three cases on the fall docket could reshape the foundations of the administrative state and the power the unelected bureaucracy has over the American people and the economy: Loper Bright Enterprises v. Raimondo, Securities Exchange Commission v. Jarkesy, and Consumer Financial Protection Bureau v. Community Financial Services of America.

Agency discretion and independence are motifs in all three cases. Obvious as it may sound, agencies are meant to be agents. They do not carry out their own will; rather, they implement Congress’ commands and assist the president in his constitutional duty to faithfully execute Congress’ laws.

To be effective, an agent needs some flexibility to carry out the principal’s commands. But the greater the latitude, the greater the risk that the agent decides to follow his own agenda over the principal’s. The more that agencies reinterpret laws to make room for their own policy judgments, the more agencies appear to act like judges or legislators, though, under the Constitution, they are neither."

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