Nudging Towards Theocracy: Adrian Vermeule's War on Liberalism | Dissent Magazine - 0 views
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If power is to be delivered to the technocrats, it has to be taken away from someone else. For Vermeule, that someone is the judiciary.
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Judges, in his view, are ill-equipped to adjudicate on the administrative and regulatory questions that, in modern states, so often come across their desks. Judges have no business, Vermeule thinks, meddling with technical or regulatory matters, and thus they seldom do. So whatever fantasy we might spin about living in a republic of laws, in reality we are living in a republic of administrators.
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The abnegation of the law opens the door for the executive branch to assert its proper role. This has been the grand theme of Vermeule’s collaborations with Sunstein and Posner. His writings with Sunstein have focused on the need for government agencies to have wide leeway to intervene in and regulate the social order, without serious oversight from the legislature or the Constitution.
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