Public Participation

From: Jim Tozzi
Sent: Friday, July 8, 2022 8:19 AM
To: haynes.brown@nbcuni.com
Subject: Reaction of the Legal Community to the Common Law Initiative

Mr. Brown I offer the following in response to your recent article.

I was instrumental in establishing the regulatory review office, OIRA, in the  White House Office of Management and Budget. I have prepared the following in response to questions raised about the Court’s ruling on Roe v. Wade.

 What is the Reaction of the Legal Community (Academy) to the Common Law Initiative?

Notwithstanding the SCOTUS action on Roe v. Wade  support for the Common Law Initiative, which argues for the Congressional review of a select number of judicial decisions performed pursuant to a regime articulated by the Administrative Conference of the US, has been nearly non-existent from the legal community and somewhat expected given the following quotation from a member  of the Academy:

The French philosopher Alexis de Tocqueville described his observations of democracy in America, he observed that the United States had rejected monarchy but embraced aristocracy.

The reaction of the Academy to the Common Law Initiative, which argues for the Congressional review of a select number of judicial decisions performed pursuant to a regime articulated by the Administrative Conference of the US, has been nearly non-existent.

CRE believes the list of possibilities for the absence of the Academy from the debate include the following which were compiled from casual conversations with the affected communities:

(1) The Congress is continually criticized for over-delegating authorities to federal agencies so it is difficult to oppose Congressional review of judge-made law.

See this page.