In deciding Kisor v. Wilkie, the U.S. Supreme Court missed a major opportunity to restore separation of powers and ensure that government agencies do not get an unfair advantage in legal cases in which they are parties.
America's legal system grants administrative agencies extraordinary power. Under existing law, administrative agencies make rules that have the force of law, investigate alleged violations of those rules, and adjudicate those alleged violations with administrative law judges the agency itself hires.
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