“This decision can move current practice closer to the process set out in the Constitution. The current and future administrations should ensure that executive branch officials scrupulously avoid taking on authority not clearly delegated to them.

“Perhaps even more importantly, legislators should work to move from an oversight role for federal agencies and back into the role of making clear laws to guide, or even prevent a need for, agency actions. Elected representatives, particularly at the state level, can and should be trusted to find solutions to the pressing issues for which the Constitution gives them responsibility.

“This decision makes that assumption of responsibility more likely and will allow states to push back on federal overreach knowing that courts will give them a fair hearing rather than just deferring to claims of bureaucratic expertise.”

Contact Nic Dunn to reach Bill Duncan for further statement and interviews.