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Rao Testifies on Judicial Review’s Importance in Preventing Administrative Collusion

On March 17, Professor Neomi Rao testified before the U.S. Senate Committee on Homeland Security and Government Affairs Subcommittee on Regulatory Affairs and Federal Management. The hearing was conducted for the purpose of “Examining Agency Use of Deference.”

Professor Neomi Rao
Professor Neomi Rao

Rao argued that the structure of political rivalry between the legislative and executive branches is insufficient to prevent collusion and abuse of power through delegation. She further argued that in the case of ambiguous delegation, it is the judiciary’s role to scrutinize the delegation of legislative powers rather than show deference to the loose administrative interpretation. She stated that the duty to protect the integrity of the democratic system extends to all three branches. She argued for “effective presidential oversight and control of administration; greater congressional specificity in lawmaking; and independent judicial review of the actions of the political branches to ensure they stay within constitutional limits.”

Watch the hearing and read the full testimony