The justices return from their summer recess on Monday, and they're poised to wade back into divisive issues on guns and agency power.
For decades, the business community, conservative activists and a few conservative justices have been trying to eliminate a legal doctrine that they contend gives government agencies — sometimes derisively called “the administrative state” — too much power. The doctrine, known asdeference after a 1984 Supreme Court case that first articulated it, gives agencies wide latitude to interpret the statutes they enforce — even if judges disagree with an agency’s reading of the law.
Now, the CFPB’s funding stream is the issue at the high court after the 5th Circuit ruled that funding the agency out of fees charged by the Federal Reserve violates the Constitution’s requirement that Congress regularly appropriate money for the operation of federal agencies. . “There isn’t really any precedent on this issue,” said Adam White of the American Enterprise Institute.striking down affirmative-action programs at Harvard and the University of North Carolina
Now, just months after that momentous ruling, the justices are being asked to take up a dispute over changes to the admissions policy at an elite public school in northern Virginia, Thomas Jefferson High School for Science and Technology. The school recently downplayed test scores and gave more weight to other, formally race-neutral factors in a bid to increase the number of underrepresented minorities like Blacks and Latinos.
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