In Loper, the Supreme Court has made it harder to empower users

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LEGAL BRIEF By Max Stul Oppenheimer, Esq. Mainstream media attention has been focused on the more dramatic Supreme Court decisions of the past few wee
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The argument presented in “Legal Brief” boils down to the claim that the Supreme Court has made it more difficult for the Federal Trade Commission to empower tech users because the recent Loper decision restricts the FTC’s power.

The argument proves too much.  Loper is not aimed at the issue of empowering users, one way or the other.  To make it about that brazenly overreaches.  Loper concerns whether the courts must defer to agencies when they act without authority from Congress.  It cuts both ways, limiting what the administrative state can do when they favor users, and when they favor other interests.  To those who try to end-run Congress and get what they want by administrative action–and there are many such interests today–Loper says “You need to persuade the people’s elected representatives.”  It is the best and most important decision the Supreme Court has made recently.

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