A Question on Agency Pre-emption of State Law
Dan, any reason to think that the powers that be will actually pay any attention to the ABA? As you know, the Bush Administration formally decided to ignore it regarding judicial appointments. On something like this, does the ABA have any status greater than your typical interest group?
It would be interesting to see the reaction of the Administrative Conference of the United States, a very useful agency charged with making recommendations about improving federal bureaucratic performance. The ACUS is headed by the distinguished scholar Paul Verkuil, and comprises other heavy hitters such as Judge Patricia Wald and George W. Bush’s Solicitor General Theodore Olson (who just won the gay marriage case in California). The Gingrich Congress eliminated the agency in 1995: destroying a tiny, political neutral body (it was formerly headed by Antonin Scalia) was much easier for Deficit Peacocks than actually pursuing GOP sacred cows. Hopefully now it can survive despite Washington’s current political toxicity.