Document Type

Article

Publication Date

2024

Abstract

In recent years, we have seen an anti-administrativist turn in the federal judiciary, with the Supreme Court limiting agency power in important respects. These shifting sands in administrative law seem to be motivated, at least in part, by the Court’s perception of the rise of presidential administration and decline in legislative activity. As part of the Widener Commonwealth Law Review Judging in Administrative Law Symposium, this Essay assesses how the Court has responded to concerns about over-presidentialism and then sketches out several ways Congress can respond to reassert itself in federal lawmaking.

Comments

Reproduced with permission. Originally published as Walker, Christopher J. "Congress and Shifting Sands in Administrative Law." Widener Commonwealth Law Review 34 (2024): 185-211.

Available for download on Sunday, June 01, 2025


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