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Bill Fulkerson

Judicial Strategies to Contain the Administrative State - 0 views

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    "The Empire Will Strike Back But in case there is any doubt that the battle for controlling the administrative state is not yet won, consider the opinion in the census case written by the four liberals on the Court. They would have disallowed the citizenship status question whatever the sincerity of the administration's reasons. They argued that it was arbitrary and capricious, despite the fact that the exact same question had been included before and that similar questions are included by many other nations. Crucial to their reasoning was the creation of a technocratic baseline for "reasonableness"-a standard that would elevate the judgement of the career civil servants who believed that the cost of reducing responses outweighed the benefits of getting a more accurate account of immigration status. This is a truly radical view, one that would further embolden the career bureaucracy by requiring political appointees to provide special reasons to override the decisions of their subordinates."
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