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17 September 2024 | Press Release
The Committee for Economic Development (CED), the public policy center of The Conference Board, has issued a new Solutions Brief, The Future of Administrative Law. The study details how recent Supreme Court decisions have remade the regulatory landscape and offers recommendations for Congress, regulatory agencies, the courts, and businesses on navigating this new environment.
The Solutions Brief—the latest in CED’s Sustaining Capitalism series—comes as a series of recent Supreme Court decisions have dramatically restricted regulatory agencies’ powers while increasing those of the courts. These decisions, in cases such as Lucia v. SEC, SEC v. Jarkesy, and Loper Bright Enterprises v. Raimondo, are likely to lead to increased litigation and restrictions of agencies’ powers, regulations, and enforcement actions.
“These recent Supreme Court decisions are likely to affect virtually every business in the country. Enterprises large and small, spanning all industries, should prepare themselves to navigate this new regulatory landscape. At the same time, this era of uncertainty and change presents an opportunity for companies to engage in dialogue with agencies, comment on proposed regulations, and work with associations to ensure their point of view is heard,” said David K. Young, President of CED.
Recent Supreme Court Decisions
Key Recommendations
These recommendations are designed to help Congress, agencies, and business adapt to the new era and ensure that administrative law fulfills the purposes which Congress intends.
Recommendations for Congress
Congress must speak with greater clarity in delegating authority to agencies and ground those delegations in constitutionally permissible areas.
In response to an expected increase in enforcement matters and questions on agencies’ regulations coming to trial, Congress may wish to increase the number of Federal judges.
Recommendations for Agencies
Recommendations for Courts
Recommendations for Business