The administrative state is currently undergoing two significant shifts: recent Supreme Court rulings that limit the power of administrative agencies, and President Trump's aggressive deregulatory actions during his second term. One might think that the Court's decisions will help Trump advance his deregulatory agenda. However, Professor Todd Aagaard’s article, Challenging Agency Deregulation (to be published in the Florida Law Review in 2026), argues that, instead of facilitating deregulation, the Court’s precedents may provide a solid foundation for challenging agency overreach. The Court has consistently scrutinized agencies for actions that go beyond their statutory mandates, and the same scrutiny should apply to deregulatory efforts. In essence, assertive deregulatory actions could be subject to the same legal challenges as overreaching regulatory actions. As a result, recent Supreme Court rulings could place significant limitations on the Trump Administration’s push to reduce regulations.
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