Public Participation

I spent five decades developing and implementing a process which allows the President to police the activities of the regulators; I have just released a strategy which is an easy and effective process for policing the activities of the Supreme Court.

Please see the Common Law Initiative at https://www.thecre.com/forum8/?p=7806 Presently the Common Law Initiative  is being reviewed by policy officials in the Congress and  Executive Branch agencies. I applaud the work of the Academy to explore the many dimensions of the Major Questions Doctrine with  a focus on pedagogical concerns but I am writing you to ask the academy consider an expanded role in the resolution of this very significant policy issue.

Previously I focused on establishing the Presidential Review (OIRA)   of agency actions in the White House Office of Management and Budget; I am now focusing on Congressional Review of judicial actions.

Jim Tozzi  

Center for Regulatory Effectiveness

                     email:  tozzi@thecre.com

[The following was downloaded from this page]

12/13/2022

David Doniger & Lissa Lynch

From: Jim Tozzi
Sent: Sunday, November 13, 2022
To: xxxx@uscourts.gov

Subject: A Succor for Chief Justice Roberts

 I spent my entire career of nearly sixty years establishing, defending and perpetuating the regulatory process which allows the President to police the regulatory  activities  of federal agencies. My work culminated with the establishment of OIRA.

I am now turning my efforts to designing and implementing a process which will allow the Congress to police the activities of the courts without any immediate need for legislation.

CRE Response to Public Comments on the Common Law Initiative: The Congressional Review of Judge-Made Law

                                                      A Revision

The Common Law Initiative differs greatly from proposals currently on the table to address troublesome court decisions.

National Archives Interview March 2009: Centralized Regulatory Review

Seven Game Changers

History of Centralized Regulatory Review

The Hall of Fame Library

The Iconic Executive Order 12291

OIRA: Past, Present and Future                ———————————————————————————————————————————-The Common Law Initiative———————————————————————————————————————————-

 SSRN Common Law Initiative                         SSRN Reproduction                               

An Effective and Easy Way to Challenge the Major Questions Doctrine

For a number of years the Center for Regulatory Effectiveness has been a proponent of the Common Law Initiative. The Initiative has received considerably greater attention as a result of the Roe v. Wade decision. In a nutshell this Initiative provides a blueprint for a manageable review by the Congress of judge-made law and its origin is described on this page.

Professor Heinzerling, independent of CRE proposing the Common Law Initiative,  sets forth a compelling argument for an intervention by Congress  to address  overreach by the judiciary. Whatever one’s view on Roe v. Wade, the Congress not the courts should make  the final determination.