This year, a more expedient track has been found. First, the Trump administration openly breaks the law as it has long been understood, then a lower-court judge rules against it, and then the administration appeals on the “shadow docket” — which avoids the normal briefing-and-hearing process by claiming an emergency. Since January, according to the... See more

That effort culminated in June when the Supreme Court struck down the principle known as Chevron deference, which for 40 years had required judges to give federal agencies significant latitude in implementing laws in areas where Congress did not give specific guidance.

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