Comments on: Beyond the U. Va. scandal: will courts disallow feds’ rule by “Dear Colleague” letter?

By: william Nuesslein

william Nuesslein — Sat, 11 Apr 2015 09:00:52 +0000

A fundamental legal principle is that punishment should be commensurate with the transgression to which it is applies. Holding off all Federal aid to schools is excessive in almost all cases, and the courts should inform regulatory bullies of the fifth amendment to our constitution. Justice Roberts came close to my view in his ruling on the Affordable Care Act. And we have CPSIA over reach problem. I am amazed that our regulatory agencies are hair-on-fire crazy. There is no science to justify the administration jihad against coal.

By: MattS

MattS — Fri, 10 Apr 2015 21:35:41 +0000

@SPO,

FDIC has already tried exactly that in the operation choke point scandal.

http://en.wikipedia.org/wiki/Operation_Choke_Point

By: SPO

SPO — Fri, 10 Apr 2015 18:16:31 +0000

And, perniciously, the regulator will disclaim any responsibility when policies it crams down people’s throats actually harm real people.

By: Mike

Mike — Fri, 10 Apr 2015 14:22:24 +0000

One aspect of the “protections for affected parties” that the feds seem to be trying to avoid is the publicity that will accompany, or could accompany, the rulemaking process, with its notice requirements etc.
It worries me very much when the government tries to impose new regulations without the opportunity for public input, or even knowledge.
You can’t count on the media to publicize this stuff, either.