avatar
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

Replies

avatar
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
avatar
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
avatar
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
avatar
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
avatar
KD @kdscully.bsky.social

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

jul 21, 2025, 4:21 pm • 1 0 • view
avatar
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