Democrats worry a new Supreme Court precedent will be ‘used and abused’ to thwart Biden’s legacy

By Marcia Brown | 08/22/2024 06:21 AM EDT

The end of a decades-old legal precedent is a boon for lawyers, small-government conservatives and judges who want to out-expert agency analysts.

Joe Biden sits at table beside White House podium.

President Joe Biden, who has put a big emphasis on regulations, attends a meeting of his Competition Council in the White House in March 2024. Brendan Smialowski/AFP via Getty Images

President Joe Biden executed one of the most sweeping progressive agendas on labor, climate change and “corporate greed” in recent decades — only to see the Supreme Court lay it so bare that a Kamala Harris victory may not protect large chunks of it.

A suite of Supreme Court rulings this summer freed up federal judges to freeze many regulations the president once campaigned on or enacted to get around a deeply divided Congress. In Texas, a federal judge blocked Biden’s ban on noncompete agreements for workers, and a judge in Mississippi stopped his discrimination protections in health care for transgender people. And an Ohio-based appeals court temporarily halted a policy preventing internet companies from throttling service.

Biden appointees have spent years writing rules to crack down on credit card late fees, require airlines to fork over cash refunds and make millions more people eligible for overtime pay while reining in polluting industries. But the future of those policies, along with the president’s unfinished business on student debt relief and artificial intelligence, are far less secure than they were just two months ago.

Advertisement

While having a successor from the same party long served as the simplest way for presidents to protect and continue their legacies, the high court has made it harder for Harris to defend Biden’s even if she bests former President Donald Trump. The court rulings, particularly one overturning the “Chevron doctrine,” now make it more difficult for Harris to secure her own agenda — or even, in some cases, for Trump to cement his.

GET FULL ACCESS