Regulatory Capture

How the Roberts Court Dismantled Accountability in One Term In a single Supreme Court term spanning 2022-2024, six unelected justices fundamentally rewrote the balance of power in American government. Three decisions stand out for their devastating impact on democratic accountability and the rule of law: Trump v. United States (July 2024): Presidents are immune from criminal prosecution for official acts Loper Bright Enterprises v. Raimondo (June 2024): Federal agencies can no longer interpret ambiguous statutes—courts will instead New York State Rifle & Pistol Association v. Bruen (June 2022): Gun regulations must match 18th-century historical traditions, not modern public safety needs ...

Forty Years of Regulatory Protection, Gone Overnight On June 28, 2024, the Supreme Court delivered one of its most consequential—and least understood—rulings in decades. In Loper Bright Enterprises v. Raimondo, the Court’s conservative supermajority overturned the Chevron doctrine, a 40-year-old principle that governed how courts review federal regulations. The case involved fishing companies challenging a rule requiring them to pay for federal observers on their boats. But the stakes were infinitely larger than fishing regulations. ...

For ninety years, a single 1935 precedent stood between the president and total control over the officials who regulate the economy: the Federal Trade Commission, the Federal Reserve, the National Labor Relations Board, the Securities and Exchange Commission. Presidents could not simply fire the people who ran these agencies because they disagreed with a ruling or wanted a loyalist in the seat. Congress built them to be insulated — for cause removal only, not at-will. On June 29, 2026, the Supreme Court ended that. And in the very same batch of opinions, it decided the rule didn’t apply to the one agency that matters most to financial markets. ...