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A review by bookishblond
Judicial Fortitude: The Last Chance to Rein in the Administrative State by Peter J. Wallison
I'm not going to rate this book because I don't think I objectively can. I don't agree with Wallison's premise or his argument (let's just say it's clear he's not a law professor) but his arguments helped me immensely in my research supporting Chevron (& arguing against Major Questions Doctrine).
That being said, who exactly is the target audience of this book? Not academics, I don’t think. Conservative thinkers and op-ed columnists, perhaps?
Wallison argues that the administrative state, as it exists today, is unconstitutionally legislating and making policy, against Congress’ express wishes (judging by what they wrote in statutory text). But his very best examples of this don’t hold up to scrutiny. Operation Chokehold, for example, was shut down. Interpretations under Title IX are, by his own admission, interpretations only, not rulemaking.
Explicitly rejecting New Deal reforms as bad is just… in bad faith. And, how can he ignore the value of consumer protection, food and drug, and other regulations? Just look at the airline industry. After federal regulations were rolled back, we had horrible, preventable accidents due to relaxed inspections and less oversight.
Now this is turning into more of a rant than a book review! But it is what it is.
That being said, who exactly is the target audience of this book? Not academics, I don’t think. Conservative thinkers and op-ed columnists, perhaps?
Wallison argues that the administrative state, as it exists today, is unconstitutionally legislating and making policy, against Congress’ express wishes (judging by what they wrote in statutory text). But his very best examples of this don’t hold up to scrutiny. Operation Chokehold, for example, was shut down. Interpretations under Title IX are, by his own admission, interpretations only, not rulemaking.
Explicitly rejecting New Deal reforms as bad is just… in bad faith. And, how can he ignore the value of consumer protection, food and drug, and other regulations? Just look at the airline industry. After federal regulations were rolled back, we had horrible, preventable accidents due to relaxed inspections and less oversight.
Now this is turning into more of a rant than a book review! But it is what it is.