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A New Law that Could Cripple the Federal Government
Sometimes, the general public is completely unaware of very important decisions government makes because they are shrouded in technicalities. Yesterday, the House of Representatives passed a bill that could crippled the ability of government to regulate private industry.
The bill modifies the Administrative Procedure Act, which was passed in 1946, and represented a compromise between New Deal Democrats and free-market Republicans. It sanctioned the power of government agencies like the National Labor Relations Board or the Federal Communications Commission to regulate the private market, but required public hearings on proposed rulings and court suits to overturn regulations.
The Supreme Court ruled in 1984 that the courts could only overturn rulings that were “arbitrary and capricious, an abuse of discretion.” In other words, the courts would have to defer to the regulatory agencies in finding whether a ruling was justified. But the Republicans in the House passed a law that would allow the courts to rule without giving deference to the regulatory agencies. A Republican court could, for instance, overrule decisions of the Food and Drug Administration or the Environmental Protection Agency on concocted Constitutional grounds – say, by arguing that it violated the “takings” clause of the Constitution. That could cripple the regulatory agencies.
http://talkingpointsmemo.com/edblog/--100901
The bill modifies the Administrative Procedure Act, which was passed in 1946, and represented a compromise between New Deal Democrats and free-market Republicans. It sanctioned the power of government agencies like the National Labor Relations Board or the Federal Communications Commission to regulate the private market, but required public hearings on proposed rulings and court suits to overturn regulations.
The Supreme Court ruled in 1984 that the courts could only overturn rulings that were “arbitrary and capricious, an abuse of discretion.” In other words, the courts would have to defer to the regulatory agencies in finding whether a ruling was justified. But the Republicans in the House passed a law that would allow the courts to rule without giving deference to the regulatory agencies. A Republican court could, for instance, overrule decisions of the Food and Drug Administration or the Environmental Protection Agency on concocted Constitutional grounds – say, by arguing that it violated the “takings” clause of the Constitution. That could cripple the regulatory agencies.
On January 11, while everyone’s attention was focused on confirmation hearings and attempts to repeal Obamacare, the House passed The Regulatory Accountability Act of 2017 (H.R. 5) which would amend the Administrative Procedures Act to overturn the deference courts have given to administrative agency decisions by a vote of 238-183. I was told the Republican leadership was confident, since there are 114 judicial vacancies that they expect will be filled by “conservatives,” this change will significantly help to end “big government,” as will the new Administration’s appointees to the various regulatory bodies. BEWARE.
http://talkingpointsmemo.com/edblog/--100901
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