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Jonathan H. Adler @jadler1969.bsky.social

So you're endorsing the REINS Act?

jul 21, 2025, 3:46 pm • 0 0

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Jamal Greene @jamalgreene.bsky.social

No, as it's both impractical and bad public policy. But note that in the Constitution Drafting Project, the conservative, libertarian, and progressive teams agreed to an amendment that would permit Congress to create legislative vetoes. constitutioncenter.org/media/files/...

jul 21, 2025, 3:53 pm • 1 1 • view
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Jonathan H. Adler @jadler1969.bsky.social

Congress can already do that with a REINS-type mechanism. Why reinvent the wheel?

jul 21, 2025, 4:01 pm • 0 0 • view
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Jamal Greene @jamalgreene.bsky.social

I wouldn't necessarily object to individual REINS-like mechanisms for particular statutes, but IMO congressional silence is too cheap to let the regulatory state be controlled by it. Congress should have more options.

jul 21, 2025, 4:14 pm • 0 0 • view
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Jonathan H. Adler @jadler1969.bsky.social

Various action-forcing mechanisms can be used so that mere "silence" is not a veto. (And in my work on REINS I explain why this need not be a burden on the legislative calendar either.) Formalistic rules need not constrain creative and responsive management of principal-agent relationship.

jul 21, 2025, 4:17 pm • 0 0 • view
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Jamal Greene @jamalgreene.bsky.social

I will look at your work on this, but I still think one would wish to eliminate the need for elaborate workarounds if one could. (Obviously a big "if".)

jul 21, 2025, 4:21 pm • 0 0 • view
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KD @kdscully.bsky.social

Would any of the complained of Trump actions - tariffs, impoundment, national emergencies, etc - even be subject to the REINS act? AFAIK, one of them are final agency rules in the ordinary sense

jul 21, 2025, 4:16 pm • 1 0 • view
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KD @kdscully.bsky.social

And by “one” I meant “none” (a rather substantive typo)

jul 21, 2025, 4:21 pm • 1 0 • view
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Jonathan H. Adler @jadler1969.bsky.social

The current REINS proposal? Likely not. But the same mechanism could be used to, e.g., replace the emergency veto mechanism that used to exist. My point is that Chadha's formalism does not prevent Congress from exercising such authority -- if it wants it.

jul 21, 2025, 4:19 pm • 1 0 • view
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Blake Emerson @blakeprof.bsky.social

There’s a lot in the reins act that has nothing to do with any kind legislative veto. And a real legislative veto is made impossible by Chadha.

jul 21, 2025, 3:48 pm • 2 0 • view
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Jonathan H. Adler @jadler1969.bsky.social

REINS-like mechanisms can create real legislative vetoed, as Breyer and Tribe both pointed out after Chadha was decided.

jul 21, 2025, 4:02 pm • 1 0 • view