Liberals in Biden Panic Mode Should Learn To Love Limits on Executive Power
It’s been a tough couple of days for America’s liberals.
On Thursday, they had to watch President Joe Biden give a historically bad debate performance that confirmed for most people watching that he lacks the stamina to be president for another four years.
The liberal commentariat is now officially in panic mode, with effectively no one defending the president’s performance, and many former stalwart Biden supporters explicitly urging him to drop out of the race so that someone, anyone, capable of defeating former President Donald Trump can take the helm.
Then today, the U.S. Supreme Court jointly decided two cases, Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, that ended the long-standing doctrine of Chevron deference—the judicial rule that required courts to largely defer to executive agencies’ own judgment on the legality of their regulations.
The always hysterical Mark Joseph Stern, Slate‘s legal writer, declared the decision a “major blow to the ‘administrative state'” and one that “constitutes a major transfer of power from the executive branch to the judiciary.”
Stern leveled a similar assessment of the Supreme Court’s decision in SEC v. Jarkesy, in which the court ruled that people being prosecuted by administrative agencies for civil violations were entitled to a jury trial.
He’s hardly alone in despairing. The liberal legal commentariat is positively apoplectic at the new limits that the federal bureaucracy will now have to put up with.
Individually, these separate freakouts might make sense; Democrats don’t want a Democrat to lose a presidential election. Liberal big-government supporters don’t want additional restrictions on the power of federal regulators to set sweeping national policy.
Taken together, there’s a frustrating incoherence to thes
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