This COFC Dispute Opinion Is a Change of Pace.
Started by Moderator · Mar 19, 2024 · 1 replies
- MOriginal post
Moderator
Mar 19, 2024 · 2y ago
If you think this COFC opinion is interesting, did you look at different parts of it to understand the subject matter?
Revitalizing Auto Communities Environmental Response Trust, No. 23-192 C, March 19, 2024.
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Vern Edwards
Mar 20, 2024 · 2y ago
Seventeen pages to deny a motion to dismiss. The ultimate decision is going to be a whopper!
Our legal system is a swamp of procedure, and there is nothing to be gained by complaining about it.
In fact, our whole government is a swamp of procedure, administrative and legal. Consider the months-long (if not years-long) source selection process.
Again, there is no point in complaining about it. All efforts to "streamline" procedure have failed.
America is in the grip of a cult of procedure.
See: "The Procedure Fetish," by Nicholas Bagley (2021):
Quote
Inflexible procedural rules are a hallmark of the American state. The ubiquity of court challenges, the artificial rigors of notice-and-comment rulemaking, zealous environmental review, pre-enforcement review of agency rules, picayune legal rules governing hiring and procurement, nationwide court injunctions — the list goes on and on.
https://www.niskanencenter.org/the-procedure-fetish/
For a longer version see Bagley, The Procedure Fetish, 118 Mich. L. Rev. 345 (2019).
The article has been cited 103 times.