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Reining in federal agency mission creep


The Supreme Court’s decision to overturn Roe v. Wade has dominated the media’s attention, even while there was another opinion released at the end of the court’s term with far-reaching implications. This other opinion has received less attention in the wake of the Dobbs opinion, but the decision, handed down June 30, 2022, is portrayed by the media as having curtailed President Biden’s ability to control “climate change.”

What may have been overlooked by most mainstream media is an incredible precedent that should now be applied to all over-regulators. It is a sound constitutional limit on all federal agencies to stay within their congressionally defined powers.

In West Virginia et al. v. Environmental Protection Agency et al., the court held there is “a particular and recurring problem: agencies asserting highly consequential power beyond what Congress could reasonably be understood to have granted.”

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