At a recent Federalist Society convention held at the Washington Hilton, two federal judges offered a champagne toast to recent Supreme Court decisions that have significantly reduced the powers held by federal agencies. DC Circuit Judge Neomi Rao and Florida federal judge Kathryn Mizelle were among those celebrating these judicial developments, which emphasize judicial authority over regulatory agencies. Such shifts align with longstanding objectives of the conservative legal movement, focusing on limiting agency deference and elevating judicial interpretation of regulations.
Philip Hamburger, a professor from Columbia Law School and a notable figure in administrative law circles, led the toast during the event. He lauded the Supreme Court rulings in cases such as Jarkesy, Axon-Cochran, Corner Post, Loper Bright, and Relentless. These rulings are seen as pivotal in reviving constitutional freedoms by limiting bureaucratic influence. The Federalist Society has routinely championed the cause of reducing the power of the so-called administrative state, celebrating these decisions that inherently strengthen the judiciary’s hand.
Among these decisions, the overturning of Chevron deference stands out as particularly impactful, with cases like Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce redefining how courts view agency determinations. Another significant case, Securities and Exchange Commission v. Jarkesy, introduced hurdles for the SEC in imposing civil penalties, while Axon Enterprise v. FTC and SEC v. Cochran allow for earlier legal challenges to agency decisions.
Hamburger, who founded the New Civil Liberties Alliance, is at the forefront of these legal strategies. His organization has rapidly positioned itself as a dominant force in steering cases aiming to curtail agency power. The panel at the Federalist Society, featuring both Judge Rao and Judge Mizelle, underscored the celebratory tone and the legal triumph perceived by supporters of these decisions. “I’ve never been asked to drink on a panel before,” Mizelle remarked, reflecting the unique nature of the celebratory moment.
These legal developments are poised to influence the corporate and legal landscape, with implications that resonate through sectors impacted by federal regulatory policies.