In Seila Law, LLC v. Consumer Financial Protection Bureau, the Supreme Court held that the CFPB’s design violates the Constitution because it concentrates too much power in the hands of one person. The Court’s remedy, alas, was to concentrate power in the hands of a different person.
Last week, in Central Mississippi Medical Center v. Mississippi Division of Medicaid, three judges on the Mississippi Supreme Court announced that the “practice of the courts deferring to an executive‐branch interpretation of agency regulations should end.”
We should all be thankful for the court’s avowed restraint—for much of this controversy, judges in the circuit seemingly champed at the bit to take on central planning of the American economy. A big assist is due the Supreme Court, which bench‐slapped some sense into the Ninth Circuit.
Consumers and automakers will be left in the dust if EU regulators keep their pedal to the metal with fuel efficiency requirements that remain grossly out of “alignment” with what buyers want. Could it happen here?