Newswise — The Supreme Court, in a 6-3 decision, eliminated a long-standing judicial doctrine that has shielded federal regulations from legal challenges, marking a significant triumph for conservatives and business groups. This ruling will constrain the ability of President Joe Biden and future presidents to implement policies on issues ranging from student debt relief and worker protections to climate change and AI regulation.

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Roger Nober is the director of the Regulatory Studies Center at the George Washington University. His career includes service as Executive Vice President and Chief Legal Officer at BNSF Railway, Chairman of the U.S. Surface Transportation Board and Chief Counsel of the Committee on Transportation and Infrastructure of the U.S. House of Representatives. Nober retired from BNSF Railway Co. after 16 years as an Executive Vice President responsible for overseeing legal and regulatory matters, environmental claims, compliance, communications as well as state government and community affairs. 

Steven J. Balla is an Associate Professor of Political Science as well as Public Policy and Public Administration, and International Affairs. He is also the Co-Director of George Washington Regulatory Studies Center. He studies transparency, participation, and responsiveness in policymaking in Greater China and the United States. He is currently working on projects on polarization in public commenting; stakeholder participation in midnight rulemaking; transparency, participation, responsiveness in policymaking and the responsiveness of the government to public participation.

Susan Dudley is the founder and former director of the George Washington University Regulatory Studies Center and distinguished professor of practice in the Trachtenberg School of Public Policy and Public Administration. She is past president of the Society for Benefit Cost Analysis, a senior fellow with the Administrative Conference of the United States, a fellow of the National Academy of Public Administration, on the board of the National Federation of Independent Businesses Legal Center and Economists Incorporated,and on the executive committee of the Federalist Society Administrative Law Group.

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