Congressional Review of Judge-Made Law

Washington Post                                                                                                                                                        “In draft  abortion ruling, Democrats see minority rule”                                                                                        May 5, 2022

For nearly half a century, Republications have railed against “unelected judges” making rulings that they claim disenfranchise voters from deciding for themselves what laws should govern hot-button issues.

CRE Public Policy Projects*

CRE invites the public to comment on the following public policy issues:

                                                        Public Health Initiatives

Medical Marijuana



                                                      Environmental Initiatives

Information Collection Budget and Regulatory Budget: “Illegitimate” Descendants of the Fiscal Budget

1320.17 Information Collection Budget  (Paperwork Reduction Act)

Each agency’s Senior Official, or agency head in the case of any agency for which the agency head has not delegated responsibility under the Act for any component of the agency to the Senior Official, shall develop and submit to OMB, in such form, at such time, and in accordance with such procedures as OMB may prescribe, an annual comprehensive budget for all collections of information from the public to be conducted in the succeeding twelve months. For good cause, OMB may exempt any agency from this requirement.

Executive Order 12174—Federal Paperwork Reduction

November 30, 1979

Why not a Federally Sponsored Interactive Public Docket Powered by Automated Legal Guidance?

The Administrative Conference of the US (ACUS) issued a defining report on the use of automated tools to address inquiries from the public regarding the content of their legal guidance documents. The aforementioned automated tools include virtual assistants and chatbots and have particular applicability to Interactive Public Dockets (IPD) such as this one.

The ACUS report is titled Automated Legal Guidance at Federal Agencies.

During the public review of this document CRE believes consideration should be given to the following observations:

(1) The size of the Administrative state continues to increase as result in part of the instantaneous communications among individuals therein.

Management of the Administrative State via ACUS

We often use the term “Management” of the administrative state to emphasize a difference with the term the “Operation” of the administrative state. We have not been as articulate in defining “Management” of the administrative state as we have been in defining the “Operation” of the administrative state.

By the operation of the administrative state we mean the central work products of two dominate professions; the work of the economic profession to improve the accuracy of benefit-cost analyses and the work of the legal profession to improve the judicial review of final agency actions.