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.