Deconstructing the Administrative State”: Legal Trends and Consequences

Attacks on the administrative state are escalating. The Supreme Court’s conservative majority is on track to reverse key pillars of administrative law that gives deference to an agency’s expertise and knowledge when interpreting its authorizing statute. This article explores the legal, ideological, and philosophical underpinnings of these doctrinal changes in administrative law and the likely effect on administrative governance. It aims to inform non legal stakeholders, including social workers, how legal doctrines and principles shape what executive agencies do, the consequences of doctrinal changes, and the implications for administrators, those they serve, and the larger body politic.