mandate, the agencies can only act when congress explicitly gives them the power, a there's skepticism about whether congress has done that. these conservative justices led by chief justice john roberts, they have repeatedly reined in agency power. it was just a few months ago in august that they told the biden administration that the cdc couldn't keep an eviction moratorium that was enacted because of the pandemic just saying that the cdc didn't have the power, so a similar argument here. here's the chief justice explaining his skepticism on this. >> you're saying that congress acted. don't complain that congress hasn't done anything and, you know, that was 50 years ago that you're saying congress acted. i don't think it had covid in mind. that was almost closer to the spanish flu than it is to today's problem. now, i understand the idea that agencies are more expert than corporation and i understand the idea that they can move more