After the U.S. Supreme Court curtailed the powers of federal agencies in two cases last week, progressive critics predictably complained that the decisions favored “big business,” “corporate interests” and “the wealthy and powerful.” That gloss overlooked the reality that people with little wealth or power frequently are forced to contend with overweening bureaucrats who invent their own authority and play by their own rules.
In a concurring opinion, Justice Neil Gorsuch noted other examples of vulnerable supplicants who suffer when agencies are free to rewrite the laws under which they operate. He cited cases involving a veteran seeking disability benefits and an immigrant fighting to remain in the country. By contrast, Gorsuch added, “ordinary people can do none of those things. They are the ones who suffer the worst kind of regulatory whiplash” when the law changes according to bureaucratic whims.