For a number of years the Center for Regulatory Effectiveness has been a proponent of the Common Law Initiative. The Initiative has received considerably greater attention as a result of the Roe v. Wade decision. In a nutshell this Initiative provides a blueprint for a manageable review by the Congress of judge-made law and its origin is described on this page.
Professor Heinzerling, independent of CRE proposing the Common Law Initiative, sets forth a compelling argument for an intervention by Congress to address overreach by the judiciary. Whatever one’s view on Roe v. Wade, the Congress not the courts should make the final determination.
The Common Law Initiative is noteworthy because it recognizes upfront the time constraints on Congress by having the Administrative Conference of the US (ACUS) develop recommended procedures for the aforementioned review. ACUS is an advisory group consisting of leading jurists, federal regulatory officials, legal academicians and practitioners appointed by the President who specialize in the management of the administrative state.
A review of the legal Academy’s reaction to the Common Law Initiative suggests that it should be characterized as All Hat, No Cattle.
