The EPA, during the Obama administration, found a way to impose policy that had no chance of passing Congress. The method was simple, arrange a lawsuit by a friendly advocacy group demanding restrictions by the EPA not allowed by current law, then under the supervision of a friendly judge, settle the case agreeing to do what the EPA wanted to do in the first place. The judge’s consent agreement then has the force of law.
Congress can. of course, pass contrary legislation, but with the President backing the ploy, it would have to do so with a veto proof majority.
And there you have it, rule by fiat even with the support of only 34% of one house of Congress.
The Obama administration nibbled around the edges of the Clean Air Act to impose rules that could not have passed Congress, and the Biden administration is preparing to impose a command economy using this ploy.
Hopefully, the Roberts court will in this case stick with its policy of deference to the legislative branch,