With West Virginia v. EPA, the Supreme Court finished its latest term on a strong note. As it had with Dobbs v. Jackson Women’s Health Organization, the court here took a step toward restoring lawmaking power in its rightful place — with the people and their representatives.
The decision in West Virginia v. EPA limited the power of a government entity illegitimately exercising lawmaking: the administrative state. Bureaucrats make most of our laws these days, contrary to the constitutional system that vests such authority with Congress. Congress has partnered in this unconstitutional program, yielding its legislative power to agencies through broad, often vague delegations of regulatory authority. These bureaucrats then run with those delegations, seeking to stretch their scope as far as they can get away with.
