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>If you have one group that is in charge of creating the rules, interpreting the rules, and enforcing the rules, you can't trust the process is independent and
by vharuck 2y ago
>If you have one group that is in charge of creating the rules, interpreting the rules, and enforcing the rules, you can't trust the process is independent and there's equal treatment.
You don't have to trust them. You can sue them for not going through a rulemaking process that includes publishing proposed rules and reviewing public comment, or for a rule that "was arbitrary, capricious, or an abuse of discretion."
https://www.federalregister.gov/uploads/2011/01/the_rulemaking_process.pdf https://www.federalregister.gov/uploads/2011/01/the_rulemaki...
That happens a lot. The first two (was it three?) travel bans during the Trump term were struck down this way.
>Legislatures delegating their authority diminishes their office, blurs lines of authority, and lets them abdicate responsibility.
Then they should be replaced at the ballot box with legislators who will reclaim the duty to author the rules. Why is the Supreme Court the entity to force this change and ignore the intent of Congress?
- caseysoftware 2y ago> You can sue them for not going through a rulemaking process that includes publishing proposed rules and reviewing public comment, or for a rule that "was arbitrary, capricious, or an abuse of discretion." Or you can remember that the Executive Branch's job is to enforce the laws, not write them.