The Supreme Court spent this term building long-needed ramparts against government intrusion by the bureaucratic state. In key decisions published last month, the court reinstated the Seventh Amendment in common-law cases brought by bureaucracies, removed a 40-year aberration in judicial review of executive-branch power grabs, and put a stake through a dodge on due process.
The Loper Bright case ending the Chevron deference to bureaucrats on interpretations of ambiguous statutes and regulation got the most attention – and ire from the Left. However, rulings in Jarkesy, Corner Post, and Cargill all had the same thrust: executive branch agencies can’t make up their authority as they go along. Only Congress has the power to legislate, and only the judiciary has the authority to try common-law cases and determine legal interpretations where Congress leaves gaps.
Those who prefer technocracy to ordered self-governance have erupted in furious indignation. However, those who prefer the rule of law, ordered liberty, and constitutional self-governance have good cause to celebrate this Supreme Court term—and hope that future courts will remain firm.