Will SCOTUS Help Trump Tame the Leviathan?

The justices will hear on Wednesday arguments over whether Congress delegated to federal bureaucrats a tax power that belongs only to Congress.

AP/Mark Schiefelbein, file
The Supreme Court on June 28, 2024. AP/Mark Schiefelbein, file

As President Trump and Elon Musk strive, from the Executive branch, to tame the federal leviathan, a case coming up at the Supreme Court offers the judiciary an opportunity to aid the noble cause. The dispute centers on the “Universal Service Fund,” paid for in part by a tax on Americans’ phone bills. On Wednesday, the Nine will hear arguments over whether Congress exceeded its authority by letting federal bureaucrats set the amount of this tax.

This morning we carried a wonderful column on this by George Will. He marks that the implications of FCC v. Consumers’ Research soar beyond the fee in the fine print of phone bills. By challenging the idea that Congress can delegate its powers to unelected officials, the suit is taking on one of the core precepts of the administrative state. That, say the watchdogs at the New Civil Liberties Alliance, is a kind of government the framers sought to avoid.   

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