President Joe Biden’s administration faces a daunting challenge as recent Supreme Court decisions threaten to unravel some of his major legislative achievements. The court’s rulings have cast a shadow over Biden’s progressive agenda, raising concerns about the future of key policies on labor, climate change, and corporate regulation.
This summer, the Supreme Court delivered a series of decisions that have broadened the scope for federal judges to block and challenge Biden’s regulations. Notably, a federal judge in Texas issued an injunction against Biden’s ban on noncompete agreements for workers. Additionally, a Mississippi judge halted Biden’s anti-discrimination protections for transgender individuals in healthcare. An Ohio-based appeals court also temporarily blocked a policy intended to prevent internet companies from throttling service.
The Biden administration’s efforts to regulate credit card late fees, mandate airline cash refunds, expand overtime pay eligibility, and reduce pollution are now under threat. The recent court rulings have introduced significant uncertainty regarding these policies, along with ongoing initiatives related to student debt relief and artificial intelligence.
The traditional approach of securing a successor from the same party to protect and continue a president’s legacy is now complicated by these Supreme Court decisions. Even if Vice President Kamala Harris were to succeed Biden, the court’s rulings, particularly the overturning of the “Chevron doctrine,” have made it more difficult for her to advance her own agenda or defend Biden’s accomplishments.
Mike Taylor, a former FDA official under Presidents George H.W. Bush and Bill Clinton, commented on the situation, stating, “It’s super-prone to being used and abused by both private parties and by courts, and judges themselves who have an ideological agenda.” The Chevron doctrine, a 40-year legal precedent, previously limited judicial interference in complex agency policymaking. Its overturning, along with other recent rulings, has drastically altered the regulatory landscape.
These rulings also eliminate the statute of limitations for challenging federal regulations and significantly reduce the power of internal agency judges who enforce rules. According to Democracy Forward, a progressive legal group, lower courts have already referenced these cases in numerous decisions. This shift increases the likelihood that trade groups and corporations can successfully challenge and dismantle regulations, even if former President Donald Trump does not return to the presidency.
Biden’s initiatives to alleviate student debt, provide workplace accommodations for individuals seeking abortions, and extend discrimination protections for transgender students are now particularly vulnerable. Democrats worry that these rulings represent a conservative veto over presidential achievements, contradicting the court’s previous tendency to defer to federal agencies with expert policy teams.
The Supreme Court’s recent actions underscore a growing tension between judicial authority and executive regulatory power. As the court continues to reshape the legal landscape, the future of Biden’s legislative legacy—and potentially that of any successor—remains highly uncertain.