Comments on: Fighting the last war, on courts and executive power https://www.overlawyered.com/2017/01/fighting-last-war-courts-executive-power/ Chronicling the high cost of our legal system Wed, 11 Jan 2017 02:51:47 +0000 hourly 1 By: markm https://www.overlawyered.com/2017/01/fighting-last-war-courts-executive-power/comment-page-1/#comment-343758 Wed, 11 Jan 2017 02:51:47 +0000 https://www.overlawyered.com/?p=62214#comment-343758 I’d say the problem with the overtime ruling isn’t an activist judge, but a DOL that failed to follow the legal process for rule changes, and also made an unjustifiably large and sudden change – there’s no way that the DOL can argue that doubling the limit in one step is required by inflation unless they admit to being derelict in the 7 years under the same administration that they didn’t change it.

This last-minute reversal leaves employers who were making changes to conform to the new rule in a tough spot, but that’s the DOL’s fault for trying to force through to big an increase on too short of a time scale.

]]> By: Boblipton https://www.overlawyered.com/2017/01/fighting-last-war-courts-executive-power/comment-page-1/#comment-343661 Mon, 02 Jan 2017 12:37:09 +0000 https://www.overlawyered.com/?p=62214#comment-343661 A strong judiciary is a good thing. An activist judiciary is a bad thing. A strong judiciary restrains your opponents. An activist judiciary restrains your allies.

Bad, bad activist judiciary!

Bob

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