It Gets Worse: Bannon Scores Policy Victory En Route To The Slammer

The Supreme Court just castrated the regulatory state.

Steve Bannon may be headed up the river—he’s told Time’s Eric Cortellessa that his experience inside “structured environments” will serve him well—but Bannon’s Derrida-esque pledge to “deconstruct the regulatory state” just got a ringing endorsement from the Supreme Court. In the current Liberties Journal I explain why this decision, which everybody saw coming, flies in the face of regulatory history (which predates the Progressive Era) and makes hypocrites of conservatives who call for “judicial restraint.” When the Supreme Court handed down its Chevron decision 40 years ago it was embraced by conservatives like Antonin Scalia because it put a choke chain on liberal judges. Now that the judges are more conservative, the right (and the reactionary majority on the Supreme Court) is singing a different tune. This would be a good day for you to read my Liberties essay, “A Prayer for the Administrative State.”