The Supreme Court has good reason to question the expansion of power in the executive branch. Agencies such as the Occupational Health and Safety Administration (OSHA) exercise broad authority, deciding policy questions that the constitutional Framers expected Congress to decide. As a result, presidents wield far more power than they should.

But the Court picked the wrong time and place to put the brakes on executive authority with its decision in NFIB v. Becerra, the case that involved OSHA’s rule for COVID vaccination or testing in the workplace. The Court acted unwisely—and inconsistently with past decisions.


Continue Reading The Supreme Court’s Misguided COVID Vaccine Decision

In deciding to preserve its “non-delegation” doctrine last week in the Gundy case, the Supreme Court seemingly avoided a serious disruption in government operations. But the Court’s adherence to that doctrine rests on myth more than reality.

Continue Reading The Supreme Court’s Executive Power Myth