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The Supreme Court Is Raising the Stakes of Congressional Dysfunction

One Democrat called the push from the right to rein in government agencies “part of a deeper, darker corporate strategy than this euphemism about putting power back in Congress.”

The Capitol Dome and the West Front of the House of Representatives.
An upcoming Supreme Court decision could give Congress more work to do — if lawmakers are willing to do it. J. Scott Applewhite/AP

The Supreme Court is shifting power away from “unelected bureaucrats” — but unless Congress steps up, the power is likely to fall into the hands of unelected judges.

The court has already delivered major wins to the conservative movement to cripple executive power, and it could deal another blow as soon as Thursday in a case challenging the Chevron doctrine.

“There is a simple remedy for the disparate treatment of bump stocks and machine guns. Congress can amend the law,” Justice Samuel Alito recently wrote of the court’s decision to overturn a ban on bump stocks.