Wednesday, November 7, 2012
Federal regulators have been watching in horror as some of their best-laid rules are overturned in court. You might think the sensible response would be to rewrite those rules to comport with the law. Instead, they've launched a campaign to blame and stigmatize the judicial referees.
In recent weeks, liberal journalists have unleashed a remarkable assault on the D.C. Circuit Court of Appeals, the nation's leading appellate court for legal challenges to new regulation. This is the court that produced Supreme Court Justices Antonin Scalia, Clarence Thomas, Stephen Breyer and Ruth Bader Ginsburg, and its 13 judges are hearing challenges to the rule-makings for Dodd-Frank and by the Environmental Protection Agency, among others.
This is the Circuit I clerked on. Long live the DC Circuit and judicial review of federal regulation! --TS