The court has two big chances to rein in executive agencies.
, but it all pulls the law in the same direction: The executive branch will have a harder time doing a whole lot of things.The court will likely take on bigger, more polarizing controversies as the term goes on.
The justices have already agreed to hear a major Second Amendment case. State laws banning gender-affirming care are on an accelerating path toward the high court, and abortion also might be back on the docket soon.These may not all be blockbusters. Several of these cases could be good vehicles for the kind of incrementalism Chief Justice John Roberts favors.
The court could weaken Chevron deference without overturning it. It could use procedural maneuvers to duck the merits of big abortion or trans rights cases, at least for a while.Roberts has often had a hard time building support for that go-slow approach on a 6-3 court.If 5 justices want to keep moving quickly and decisively to the right on issues of great importance to the conservative legal movement, they'll have plenty of opportunities to do so — starting with the administrative state.
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