
So I called GW law professor Richard Pierce yesterday. Pierce has written more than 20 books & 130 articles on administrative law and government regulation, & been cited in hundreds of judicial opinions.
I asked Pierce about Elon/Vivek's plan to cut "thousands" of federal regulations w/o Congressional approval. Elon & Vivek said Wednesday that Trump can unilaterally, by executive action, "immediately pause the enforcement" of the regs identified by DOGE.
Pierce said this will not work because doing so would violate the longstanding Administrative Procedures Act dictating how regulations can be overturned -- & he doesn't see even the highly conservative Supreme Court going along
“It would be unbelievably outrageous and unlawful – there is nothing in the statute that comes anywhere close to authorizing what they want to do, and no permission in the Constitution," he said
Pierce said if SCOTUS agreed it would be the most shocking decision since 1896's Plessy v. Ferguson
“I can’t even imagine what the argument would be beyond, ‘Gee, there are a lot of regulations and we want to get rid of them.’”
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