University of Montana law professor Craig Cowie returns this week to discuss the shifting the balance of power between regulatory agencies and the judiciary. Cowie explains how recent Supreme Court decisions, such as Loper Bright, are slowing down regulatory processes, creating uncertainty for businesses and agencies alike. He argues that while deregulation is often seen as freeing up the market, judicial involvement can make things more complex, as businesses are unsure about their compliance. Although this creates opportunities for litigation, it raises concerns about the long-term impact on society and the economy. The courts, however, don’t always address these broader trade-offs in their rulings.
Transcript available here: https://docs.google.com/document/d/12N-gBGtRGC8nPktk0CINyaM8nowNxq2naC0lmabt44w/edit?usp=sharing
Craig Cowie on expanding judicial power