Thursday, December 29, 2022

Use It Or Lose It

Scalia's "Major Questions" doctrine is just another "Democrat laws we don't like aren't real" argument, but there is a tendency to leave clear statutory authority on the table while looking to Congress to pass "no we really mean it enforce this law clearly in this specific way because you won't do it with the general authority we passed."

Decades of the executive branch just not acting like it for various reasons. It isn't wrong to hope that Democratic administrations change that. "Don't make things worse faster" is not enough!