ABOUT THE AUTHOR

Mark Buse

Mark Buse, LL.M (Harvard), is an Attorney-at-Law (Rechtsanwalt), and a Ph.D. candidate at the Institute for Staatswissenschaft and Philosophy of Law, Dep. 1 (Prof. Dr. Dr. hc. mult Andreas Voßkuhle), of the Albert-Ludwigs University Freiburg.

POSTS BY Mark Buse

04 July 2024

Mark Buse

The Supreme Court v. the Administrative State II

The outlook is not rosy for Democrats, neither politically nor in court. Democrats’ hopes that President Biden – who, according to some polls, is trailing Trump in all seven swing states – could turn the odds in his favor in an early debate have been dashed by his disastrous performance. To add insult to injury, in three 6-to-3 rulings along ideological lines, the Supreme Court further reigned in on administrative agencies, putting Biden’s regulatory agenda at risk. The most far-reaching of these decisions is, undoubtedly, Loper Bright Enterprises v. Raimondo. This case marked a milestone for the conservative legal movement’s fight against the administrative state. Continue reading >>

03 July 2023

Mark Buse

The Supreme Court v. the Administrative State

On Friday, June 30, the Supreme Court ended its session with a serious blow to the progressive agenda after its decisions striking down race-conscious college admissions and narrowing protections for LGBTQ consumers the day before. In its final case, Biden v. Nebraska, the Court further thwarted the Biden campaign, which is counting on the help of young voters to get reelected for a second term, as it struck down the Biden administration’s plan to wipe out more than $400 billion in student debt. The decision in Biden v. Nebraska joins a series of recent Supreme Court decisions aimed at curbing the executive branch’s power to regulate certain issues and to limit the so-called administrative state. In this battle against the administrative state, the major question doctrine, according to which it cannot be assumed that the administration has been authorized to regulate a “major question” with far-reaching economic and political consequences without “clear congressional authorization,” has become one of the central tools. Continue reading >>

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