Gillian Metzger

Having competent, expert individuals in roles where they can implement those programs to make them more effective and to make them more powerful also contributes to individual liberty. The idea that administrative governance only infringes on individual liberty requires believing in a very negative conception of liberty where the government is just a threat and it's not also in power.

Having competent, expert individuals in roles where they can implement those programs to make them more effective and to make them more powerful also contributes to individual liberty. The idea that administrative governance only infringes on individual liberty requires believing in a very negative conception of liberty where the government is just a threat and it's not also in power.

It's not. And it's very much on, as you say, those kinds of agencies where you see the hostility coming out the most. I think this is partially why it's important to not be fooled by some of the constitutional cover that the Roberts court invokes, because this is really a supercharged conservative court. And this is a conservative legal agenda that is being advanced.

It's not. And it's very much on, as you say, those kinds of agencies where you see the hostility coming out the most. I think this is partially why it's important to not be fooled by some of the constitutional cover that the Roberts court invokes, because this is really a supercharged conservative court. And this is a conservative legal agenda that is being advanced.

Even if it's invoking constitutional bases, it's fundamentally driven by the conservative agenda.

Even if it's invoking constitutional bases, it's fundamentally driven by the conservative agenda.

I do. I think it really is a war on the administrative state that the Roberts Court has been undertaking. And I think we're not at the end of it yet.

I do. I think it really is a war on the administrative state that the Roberts Court has been undertaking. And I think we're not at the end of it yet.

I understand the administrative state as being all of government. Other than Congress, maybe you want to pull out the president. It's everything else, and it's huge, but it's very familiar, right? So it's firefighters brought in to deal with a wildfire. It's people who are expert in water control who are brought in to make sure that water is drinkable, particularly after a leak.

I understand the administrative state as being all of government. Other than Congress, maybe you want to pull out the president. It's everything else, and it's huge, but it's very familiar, right? So it's firefighters brought in to deal with a wildfire. It's people who are expert in water control who are brought in to make sure that water is drinkable, particularly after a leak.

It's people who inspect food to make sure that food safety requirements are being adhered to. It's people who approve medicines. It's also teachers. It's your DMV. It's maybe some people you don't necessarily like, like your DMV.

It's people who inspect food to make sure that food safety requirements are being adhered to. It's people who approve medicines. It's also teachers. It's your DMV. It's maybe some people you don't necessarily like, like your DMV.

But it's every aspect of the ways that government touches our lives and a lot of aspects of government that are going on all the time that we may not be aware of, but that are essential for modern society to function.

But it's every aspect of the ways that government touches our lives and a lot of aspects of government that are going on all the time that we may not be aware of, but that are essential for modern society to function.

Well, I think Justice Gorsuch would be a clear frontrunner. His recent book, I think, really embodies a lot of these kind of anti-administrative ideas. And he has been one of the more eloquent spokespersons for articulating this broader anti-administrative account. Justice Thomas has also certainly shown his anti-administrative stripes over the years. And a third would be Justice Alito.

Well, I think Justice Gorsuch would be a clear frontrunner. His recent book, I think, really embodies a lot of these kind of anti-administrative ideas. And he has been one of the more eloquent spokespersons for articulating this broader anti-administrative account. Justice Thomas has also certainly shown his anti-administrative stripes over the years. And a third would be Justice Alito.

Potentially. I think one area that it's going to be interesting to pay attention to is how administrative agency actions are reviewed under ordinary standards of review. We've talked about how agencies have an obligation of reasoned explanation. And at times, the Roberts Court has required a fair bit of explanation.

Potentially. I think one area that it's going to be interesting to pay attention to is how administrative agency actions are reviewed under ordinary standards of review. We've talked about how agencies have an obligation of reasoned explanation. And at times, the Roberts Court has required a fair bit of explanation.

If it continues to require a fair degree of explanation, that would be one way in which it would constrain the Trump administration and really any administration, because the need to provide a reasoned explanation is something that requires an agency to put a lot of time and effort and resources into developing an expert account of why it's taking the action that it's doing, responding to different comments that it gets and so forth.

If it continues to require a fair degree of explanation, that would be one way in which it would constrain the Trump administration and really any administration, because the need to provide a reasoned explanation is something that requires an agency to put a lot of time and effort and resources into developing an expert account of why it's taking the action that it's doing, responding to different comments that it gets and so forth.