How has this changed the way the regulatory process is conducted?
The rise of activist judges has substantially changed the way the regulatory process is conducted in America. As we have seen, controversial rules can be hit with a nationwide injunction from a federal court that leans in the other direction from the policy.
These nationwide injunctions put an immediate stop on the policy, based upon federal judges ruling until the judicial process – which could include the supreme court – is completed.
Take for example the travel ban, and mask mandate for airline travel as two examples of partisan nationwide injunctions.
The rise of nationwide injunctions have had an immediate and lasting effect on the way regulatory policy is enacted in the United States.
