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How Should The Court Respond To The Combination Of Political Polarity, Legislative Impotence, And Executive Branch Overreach?, Richard J. Pierce Jr
How Should The Court Respond To The Combination Of Political Polarity, Legislative Impotence, And Executive Branch Overreach?, Richard J. Pierce Jr
GW Law Faculty Publications & Other Works
In this essay, Professor Pierce discusses two related problems that the Supreme Court must address—the large increase in nationwide preliminary injunctions issued by district judges to prohibit the executive branch from implementing major federal actions and the large increase in the number of cases in which the Supreme Court either stays or refuses to stay preliminary injunctions without providing an adequate explanation for its action. He begins by describing the sources of the two problems and the many ways in which they threaten our system of justice. He then urges the Court to issue an opinion in which it provides …
An Expanded Version Of Oira Can Ensure Democratic Accountability In The Administrative State, Richard J. Pierce Jr
An Expanded Version Of Oira Can Ensure Democratic Accountability In The Administrative State, Richard J. Pierce Jr
GW Law Faculty Publications & Other Works
In this contribution to a symposium, Professor Pierce argues that the most promising way of ensuring democratic accountability in the administrative state is to combine an expanded version of OIRA with complementary doctrines.