For very helpful feedback and discussion on previous drafts, he thanks Jonathan Mitchell, William Baude, Aziz Huq, Tom Ginsburg, Thomas Miles, Ernest Young, Jared Mayer, Micah Quigley, Eric Wessan, and the participants of the Canonical Ideas in American Legal Thought Seminar. He also thanks the editors of The University of Chicago Law Review for thoughtful comments and edits. Lastly, he thanks his wife, Katrina Lindley, for her indispensable discussion and support.
The Supreme Court’s changing composition and, relatedly, its increasing skepticism for the current structure and pervasiveness of the administrative state have given rise to increased constitutional challenges to agency actions that seem increasingly likely to be successful.
