Judicial DOGE: Why TPPF’s Upcoming Supreme Court Case Attacks the Unfettered Discretion of the Executive Branch

March 10, 2025 | 12PM CST

We all know that laws are supposed to come from the Legislature, not unelected bureaucrats. Since the 1930s, however, agencies—not Congress—have increasingly been in charge of writing the regulations that govern our lives. We think that’s unconstitutional. This case marks the first time in half a century that this theory has been before the Supreme Court. The case involves a double delegation of legislative power. Congress gave power to an agency who then delegated that power to a private entity. This double delegation provides a great vehicle for the Court to finally put its foot down and move the legislative power back where it belongs—Congress.

Join TPPF’s General Counsel Robert Henneke and co-counsel Trent McCotter for a discussion about why this is the most important case this Supreme Court term.

Speakers

• The Honorable Robert Henneke – Executive Director and General Counsel, Texas Public Policy Foundation
• Trent McCotter – Partner, Boyden Gray PLLC