“In every sphere of current or future federal regulation, expect courts from now on to play a commanding role ... It is a role this Court has now claimed for itself, as well as for other judges,” she said.
The high court had the option, she said, of intervening in federal agencies’ policy decisions on a case-by-case basis, as it had been doing previously.
“But evidently that was, for this Court, all too piecemeal,” she lamented. “In one fell swoop, the majority today gives itself exclusive power over every open issue — no matter how expertise-driven or policy-laden — involving the meaning of regulatory law. As if it did not have enough on its plate, the majority turns itself into the country’s administrative czar.”