Jun 26, 2019
New litigants challenging the rules of the administrative state will be arguing in the future to a Supreme Court that is ready to listen.
This interview with Wayne Crews explores the growing lawlessness in the administrative state’s exercise of its powers. This regulatory “dark matter” ignores the formal rule-making requirements of the Administrative Procedure Act that mandates publishing a notice of proposed rule-making and allowing public comment. Crews outlines how the agencies of the regulatory state are resorting to the exceptions of using “interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice” to exert authority informally and without accountability.
New litigants challenging the rules of the administrative state will be arguing in the future to a Supreme Court that is ready to listen.