Deference to administrative agencies comes under top court’s microscope

Cotter’s Corner

By Daniel A. Cotter

Daniel A. Cotter is a partner at Howard & Howard Attorneys PLLC and author of the book “The Chief Justices” (Twelve Tables Press). The views expressed here are solely those of the author. He can be reached at scotuslyyours@gmail.com.

Posted November 14, 2022 11:00 AM

The Roberts court has not overturned as many constitutional decisions as prior courts. (See June 10, 2019, Cotter’s Corner for more on Chief Justice John Roberts’ three predecessors.) But in recent terms, and what looks like this term, the Roberts court has been aggressive in deconstructing rights and rolling back in a number of areas.Last term, it was abortion and Native American rights and sovereignty, as well as a non-constitutional issue, the Clean Water Act and the invented major questions doctrine. This …

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