Policy Backgrounders

Supreme Court Considers Major Administrative Law Changes

December 14, 2023

Three cases in which the Supreme Court recently heard oral arguments raise the potential of major changes to administrative (regulatory) and tax law, pushing it in a direction not seen for nearly a century.

• The cases concern the constitutionality of funding mechanisms for administrative agencies, the powers of those agencies, and the manner in which administrative law judges are appointed.
• While the Court appears unlikely to adopt the most radical changes proposed to it, it is nevertheless significant that these cases have even reached the Court.
• In particular, if the Court finds that the current method of appointing administrative law judges is unconstitutional, this will lead to great uncertainty about their past decisions and long delays in Federal courts as cases are brought there.
• Decisions in all three cases are expected by the end of the Term in June.