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1. Rarefied, neutral-sounding words here cannot mask a deeply political, deregulatory Trump administrative law reform agenda that echoes extreme, failed House GOP bills. yalejreg.com/nc/doing-justi…

Here's my thread on SG's speech calling for ad law reform:
2. I enjoy this author, but when I read an essay about political administrative law 'reforms' laden with so much anti-regulatory & ideological baggage—& the essay quotes Holmes & the Federalist Papers—it brings to mind distraction practiced by pickpockets. yalejreg.com/nc/doing-justi…
3. The Trump admin. political enterprise is hinted at in SG's speech , but also in @TheJusticeDept speaker's take on Trump admin. rollbacks: "this administration has done stellar work reforming the regulatory process & reducing unnecessary regulation."

@TheJusticeDept 4. The DOJ speech comically pits support for an effective regulatory state & its "vision of government based on supposed bureaucratic expertise and trust in permanent civil servants against one based on due process, public input, the separation of powers, and the rule of law."
@TheJusticeDept 5. This juxtaposition is non-serious in the extreme: it denigrates executive branch agencies & officials, while attempting to deny their roles are ones equally rooted in visions of government based on due process, public input, separation of powers & the rule of law.
@TheJusticeDept 6. Other superficialities abound: "From 1995 to 2017, agencies issued over 92,000 rules, compared to just 4,400 newly-enacted laws by Congress."

Yes, Congress writes laws directing agencies to issue those rules. Clean Air Act spawned 100s of rules—b/c of congressional choices.
@TheJusticeDept 7. And more @TheJusticeDept bashing of regulations & their costs to corporations—"some major regulations issued by past administrations have imposed billions of dollars in costs"—with NO mention of their greater billion$ in *benefits* to Americans. Just "regulatory overreach."
@TheJusticeDept 8. The DOJ speech makes clear the ideological bent of the Trump admin.'s desired reforms to the Administrative Procedures Act, touting Dole's 1995 "dirty meat" bill congress.gov/congressional-… & more recent House anti-regulatory attacks he fails to note were partisan GOP bills.
@TheJusticeDept 9. Speech then preaches "good governance" via centralized review by WH reg. czar's office & benefit-cost analysis that 'improves regulation by preventing rules that do more harm than good.' One would need to have lived under a non-ideological rock for 40 years to buy this sermon.
@TheJusticeDept 10. Centralized WH review allows—& has meant—delay & obstruction of agency rules required by statutes, even when (esp. when) rules deliver more benefits to Americans, with lesser costs borne by regulated businesses. Centralized WH review has meant 1-stop biz shopping & blocking.
@TheJusticeDept 11. What the @TheJusticeDept speech casts as neutral "executive branch improvements" to the regulatory process are deeply political, deeply ideological constraints on safeguards favored by corporations.

They are as far from 'neutral' as one can imagine.
@TheJusticeDept 12. Cognitive dissonance permeates @TheJusticeDept speech: the Trump admin disregards unwelcome benefit-cost analysis when regulatory benefits outweigh costs (utility air toxics rule) & EPA issues guidance documents with abandon. Reading the speech, one would think the opposite.
@TheJusticeDept 13. The @TheJusticeDept speech's call for Judicial Branch Reforms centers on the Trump administration's continuing rage over the Supreme Court's ruling against the Trump admin. in the Census case. Again, hardly an appeal for neutral administrative law reforms.
@TheJusticeDept 14. The right-wing political giveaway in @TheJusticeDept speech urging administrative law reform occurs in the final sentences: it turns out we just need more "commendable regulatory improvements" like those Trump ushered in, in January 2017.
@TheJusticeDept 15. This Trump admin. calls for Administrative Procedures Act changes is not about 'good governance improvements'; its just the same push by Republicans & corporations for weakening substantive safeguards, via process, to codify Trump-style rollbacks past his tenure.
@TheJusticeDept 16. Like the Solicitor General speech that touted GOP administrative law rollback bills that have not become law, the Trump DOJ administrative law reforms will appeal to fans of Trump rollbacks since January 2017.

They have not appealed to anyone else & should not. The end.
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