The Court takes up many of these issues next term. In SEC v. Jarkesy, it will consider a delegation problem regarding agency adjudication. The Court is likely to reconsider the nondelegation doctrine as the Gundy dissenters suggested, this time joined by Justices Samuel Alito (who expressed a willingness to do so outside Gundy’s “freakish” facts)and Amy Coney Barrett. In Loper Bright Enterprises v. Raimondo, the Court will consider whether to overrule Chevron. And in Consumer Financial Protection Bureau v. Consumer Financial Services Association, the Court will consider whether the CFPB’s funding, which comes directly from the Federal Reserve rather than as allocated by Congress, violates the Constitution’s Appropriations Clause.

If you liked the student-loan ruling, stay tuned for what should be an exciting year for pushing back on hitherto-unchecked agency power.

[I’d argue that it has already begun. The court has over the last two years seriously curtailed agency actions on the basis of a muscular major-questions doctrine and on lack of jurisdiction assigned by Congress in statute. The Chevron doctrine still remains but has been practically discarded already. The court remains deferential to Congress on actual statutory interpretation, such as in the Voting Rights Act case this term, but have been quick to strike down executive-branch-only programs and rules, including affirmative action and various green-policy absurdities. Loper Bright will likely provide the court with a platform on which to explicitly declare Chevron dead, but it’s on life support already in favor of the constitutional order. — Ed]