Leftists lash out as SCOTUS prepares to rein in bureaucrats.
Fighting the Administrative State: Supreme Court Cases Could Bring Change
Conservatives in Washington can always count on October to bring the start of a new Supreme Court term and the predictable outcry from leftists about an out-of-control judiciary. Politico recently joined in on the action, highlighting several cases on the court’s docket that could rein in the administrative state and have implications for healthcare. However, the exaggerated rhetoric ignores the fact that recent court decisions have actually curtailed the excessive powers that the federal government, particularly the executive branch, has taken for itself.
Fear of Constraining Bureaucrats
The piece begins by describing a broader conservative effort to target the administrative state, raising concerns about the potential consequences for the healthcare system. Critics argue that restricting federal agencies’ powers could lead to gridlock in Congress when it comes to making health policy decisions. But requiring lawmakers to actually make laws shouldn’t be seen as a dire outcome. In many cases, executive agencies have overstepped their bounds by trying to micromanage the economy and healthcare system.
Mammogram Controversy
One of the cases mentioned involves the U.S. Preventive Services Task Force and its role in determining what services Obamacare-compliant insurance policies must cover. Progressive operative Leslie Dach warns that a successful lawsuit would prevent insurance benefits from being updated and claims that people’s lives are at stake. However, the lawsuit primarily focuses on the lack of accountability within the task force, not on denying preventive services. Congress could easily resolve the issue by ensuring proper oversight.
Micromanaging Health Care
Progressives often believe that federal bureaucrats can effectively control the entire healthcare system from Washington. This mindset was exemplified by Donald Berwick, a former Obama administration official, who expressed a desire to determine the exact number of MRI units needed in each city. Such an approach assumes that government officials possess the knowledge to dictate healthcare resources, which is an arrogant and unrealistic notion. History has shown that government intervention in healthcare, like the failed healthcare.gov website, often leads to negative outcomes.
Who Are You Calling Anti-Democratic?
Some argue that conservative court cases undermine the decisions of democratically elected presidents. However, it is important to consider whether those decisions were within the president’s authority or if they overstepped the bounds of Congress and the people. The left has also shown a willingness to limit democracy in certain situations, as evidenced by a 2011 article by President Obama’s budget director, Peter Orszag, advocating for less democracy to solve the country’s problems.
Given the left’s tendency for power grabs, conservatives welcome the Supreme Court’s efforts to restore balance and restraint. With the Biden administration pushing the regulatory envelope, it is crucial that the court continues to uphold the principles of limited government.
What potential implications could a Supreme Court decision in favor of the challengers have for the power of federal agencies to regulate specific industries?
In the article is a challenge to a rule issued by the Department of Health and Human Services (HHS) regarding mammogram facilities. The rule required that all mammograms be performed and read by radiologists who are board certified or eligible, and it prohibited the use of radiologist assistants. This rule was challenged by several mammogram facilities, arguing that it was an overreach of HHS’s authority and limited patient access to vital healthcare services.
The Supreme Court will now have the opportunity to review the case and determine whether HHS exceeded its authority in issuing this rule. If the court decides in favor of the challengers, it could set a precedent for reining in the administrative state and limiting the power of federal agencies to regulate specific industries.
Limiting Executive Power
Another case highlighted in the article involves a challenge to the constitutionality of the Consumer Financial Protection Bureau (CFPB). The CFPB was created in the aftermath of the financial crisis with the goal of protecting consumers from abusive financial practices. However, critics argue that the agency is unaccountable and violates the separation of powers by concentrating too much power in the hands of a single director who is largely insulated from political oversight.
This case presents an opportunity for the Supreme Court to revisit the issue of executive power and determine whether the structure of the CFPB is constitutional. If the court finds in favor of the challengers, it could have significant implications for the power of other independent federal agencies, as well as the ability of the executive branch to exert control over them.
A Balanced Approach
While the article highlights these cases as potential threats to the healthcare system, it fails to acknowledge the importance of reining in the administrative state and preserving the separation of powers. Limiting the power of federal agencies and ensuring that they operate within the constraints of the Constitution is essential for preserving individual liberty and the proper functioning of our democracy.
It is important to note that reining in the administrative state does not mean abandoning regulation altogether. The goal should be to strike a balance between allowing agencies to carry out their intended functions and preventing them from overstepping their authority. This requires careful scrutiny of agency actions and ensuring that they are consistent with the law and constitutional principles.
Conclusion
The cases highlighted in the article provide an opportunity for the Supreme Court to address the issue of an overreaching administrative state and potentially rein in the excessive powers of federal agencies. While critics may fear the consequences for the healthcare system, it is important to remember that preserving the separation of powers and limiting the power of the executive branch is crucial for safeguarding individual rights and maintaining a system of checks and balances.
The Supreme Court’s decisions in these cases could bring about much-needed change and restore a proper balance between the branches of government. It is a crucial moment for the court and for those who believe in upholding the principles of limited government and individual liberty.
" Conservative News Daily does not always share or support the views and opinions expressed here; they are just those of the writer."
*As an Amazon Associate I earn from qualifying purchases
