Delegitimizing the Administrative State
July 2, 2022
Despite the glaring irony, Gorsuch is not talking about judges when he discusses “unaccountable ‘ministers.’” He is instead talking about civil servants in government agencies. In Gorsuch’s view, government agencies pose unique dangers to the American republic. Accordingly, it is essential that courts—and only courts—be tasked with reining in the power of agencies lest the power they wield—to regulate power plants emissions, to establish health and safety standards during a pandemic—destroy the lives of individual Americans.
