The Future of Administrative Law

This Solutions Brief details how recent Supreme Court decisions have remade the regulatory landscape and offers recommendations for Congress, regulatory agencies, the courts, and businesses on navigating this new environment. The brief—the latest in CED’s Sustaining Capitalism series—comes as a series of recent Supreme Court decisions have dramatically restricted regulatory agencies’ powers while increasing those of the courts. These decisions, in cases such as Lucia v. SEC, SEC v. Jarkesy, and Loper Bright Enterprises v. Raimondo, are likely to lead to increased litigation and restrictions of agencies’ powers, regulations, and enforcement actions.