The Administrative State Strikes Back?

The antipathy of an increasingly conservative federal judiciary for the perceived excesses of the "administrative state" is well-known; a good recent example is the Fifth Circuit's panel-majority opinion in Jarkesy v. SEC that found constitutional problems with that agency's use of administrative law judges. 

In that case, the SEC unsuccessfully argued that its use of those judges was important to Congress's "statutory scheme" created by the federal securities laws. 

This episode considers the possibility that Congress, reacting to assertive judicial review of administrative-agency action, may start incorporating limits on judicial review as part of this and other such comprehensive "statutory schemes." It briefly examines the basis for such Congressional power and what form such reactions might take.