Trump v. Slaughter · ¶112

Even so, the notion that the FTC and agencies like it would be led by technical experts who would neutrally and scientifically chart the Nation’s path soon began to look a bit “quaint.” See E. Kagan, Presidential Administration, 114 Harv. L. Rev. 2245, 2261 (2001). Maybe that was because politicians remained in control of the appointment and confirmation processes. Maybe it was because they retained so many other ways to influence an agency’s actions. Maybe it was because policymaking, even when performed by technical experts, almost always requires tradeoffs between competing values. Or maybe it was because of some combination of these and other factors. See N. Rao, Administrative Collusion: How Delegation Diminishes the Collective Congress, 90 N. Y. U. L. Rev. 1463, 1477–1484 (2015).

slip opinion, revised 7/07/26
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