The U.S. Supreme Court is considering doctrinal reforms that would curb deference to agencies, restrict delegations to agencies, and limit agencies’ insulation from presidential control. These reforms are premised on a vision of democratic governance that regards expansive regulatory power as posing an acute danger to constitutional democracy. But recent scholarship has elaborated competing visions of democracy in the regulatory state. These theorists contend that the most meaningful forms of democratic participation in contemporary governance occur through regulatory policymaking in Congress and especially agencies. This panel explores and debates these perspectives and their doctrinal implications.
The Section held a virtual business meeting prior to the Annual Meeting.