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James Goodwin
@jamesgoodwin.bsky.social
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As if we haven't had enough regulatory news the last week
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James Goodwin@jamesgoodwin.bsky.social |
277 followers 113 following 1875 posts
I'm Policy Director at the Center for Progressive Reform where I specialize in federal regulatory policy. When not analyzing federal regulatory policy, I enjoy silent film, soccer, and running.
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James Goodwin
@jamesgoodwin.bsky.social
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As if we haven't had enough regulatory news the last week
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James Goodwin
@jamesgoodwin.bsky.social
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Spring 2024 Reg Agenda is out www.reginfo.gov/public/do/eA...
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James Goodwin
@jamesgoodwin.bsky.social
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The Inside Out characters in my head.
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James Goodwin
@jamesgoodwin.bsky.social
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No need to thank me.
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James Goodwin
@jamesgoodwin.bsky.social
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Let the record reflect that Trump claimed to disavow Project 2025 just four days after I dropped this. Can't be a coincidence. www.bostonreview.net/articles/ins...
1 replies 1 reposts 8 likes
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Don Moynihan
@donmoyn.bsky.social
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There was no GOP party platform in 2020, and Trump wants to shrink the proposed 2024 one. He opposes providing detail on how radical his second term will be because he knows its unpopular. Make no mistake: Project 2025 was written by Trump appointees & loyalists. Its their shared agenda.
24 replies 150 reposts 440 likes
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James Goodwin
@jamesgoodwin.bsky.social
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I found Jesus and gave up asbestos, and so can you!
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Philip Bump
@pbump.com
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A second American Revolution, this one aimed at unwinding democracy in favor of a monarchy. www.washingtonpost.com/politics/202...
21 replies 175 reposts 492 likes
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James Goodwin
@jamesgoodwin.bsky.social
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The continued silence from so-called libertarians on Project 2025 speaks volumes about libertarianism
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James Goodwin
@jamesgoodwin.bsky.social
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Fireworks from our roof
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π±πππ πππππ
@unfitz.bsky.social
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Saw an AI fireworks show and a guy lost all 7 fingers on one hand.
22 replies 426 reposts 1531 likes
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James Goodwin
@jamesgoodwin.bsky.social
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I was the other 2 guys
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James Goodwin
@jamesgoodwin.bsky.social
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Happy second birthday, Ellie
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James Goodwin
@jamesgoodwin.bsky.social
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My favorite 4th of July tradition is telling all the British people I know, "you're welcome."
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James Goodwin
@jamesgoodwin.bsky.social
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Trying to imagine what the media's reaction would be if CAP had threatened a violent revolution
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James Goodwin
@jamesgoodwin.bsky.social
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This from Roberts in Loper-- βCourts instead understand that such statutes, no matter how impenetrable, do βΒ in fact, must β have a single, best meaningβ -- reminds me a lot of cost-benefit analysis' unworkable conceit that there are "optimal" regulatory decisions
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James Goodwin
@jamesgoodwin.bsky.social
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Two different fireworks displays going on right now
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James Goodwin
@jamesgoodwin.bsky.social
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Would seem to be an indicator of rushing, no?
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James Goodwin
@jamesgoodwin.bsky.social
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If you're looking for something to read tomorrow to mark the birthday of American democracy, check out this piece I wrote on the gravest threat it has faced since the Civil War: Project 2025 www.bostonreview.net/articles/ins...
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James Goodwin
@jamesgoodwin.bsky.social
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Bless his heart nypost.com/2024/06/30/o...
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James Goodwin
@jamesgoodwin.bsky.social
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If at least 80% of US voters are not somewhat informed about Project 2025 by the end of August, I would count that as a major failure of the American political press.
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James Goodwin
@jamesgoodwin.bsky.social
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Not to discount the seriousness of Biden's fitness, but every news story on that should be match by about 4-5 news stories on Project 2025. Its stakes for US democracy are just so much higher
2 replies 2 reposts 6 likes
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James Goodwin
@jamesgoodwin.bsky.social
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Early indication of how conservatives intend to respond to the Supreme Court's presidential immunity decision? This is objectively scary stuff. www.usatoday.com/story/news/p...
4 replies 24 reposts 84 likes
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James Goodwin
@jamesgoodwin.bsky.social
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I'm also very keen on jurisdiction stripping and hadn't thought about whether/how the two ideas could be conjoined (admittedly this is all very half-baked)
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Don Moynihan
@donmoyn.bsky.social
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"We are in the process of the second American Revolution, which will remain bloodless if the North allows it to be" Jefferson Davis, 1861
9 replies 46 reposts 190 likes
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James Goodwin
@jamesgoodwin.bsky.social
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See also Loper Bright
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James Goodwin
@jamesgoodwin.bsky.social
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Will keep pondering on my next long run...
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James Goodwin
@jamesgoodwin.bsky.social
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And would their be any kind of "review" of the regulations themselves? Again, Article III doesn't seem necessary or desirable. Special congressional committee again?
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James Goodwin
@jamesgoodwin.bsky.social
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One big question is how would these regulations be enforced? Appellate courts isn't very satisfying. How about a newly constituted committee in Congress?
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James Goodwin
@jamesgoodwin.bsky.social
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To the extent that Loper Bright isn't grounded in the constitution (right?), could this hypothetical agency create regulations (through notice and comment) governing the standard of review for administrative statutory interpretation?
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James Goodwin
@jamesgoodwin.bsky.social
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I keep thinking of Chevron as a "regulation" on how judges judge -- albeit one that is self-imposed. That being said, could Congress create a standalone agency charged with regulating the federal judiciary (abiding by constitutional limits, of course)?
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James Goodwin
@jamesgoodwin.bsky.social
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There probably will be -- provided we survive Trump. But I doubt I still be alive to see it
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James Goodwin
@jamesgoodwin.bsky.social
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James Goodwin
@jamesgoodwin.bsky.social
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What does Skidmore really mean when someone like Kacsmaryk is adjudicating a case? Chevron wasn't meant for the EPA or OSHA. It was meant for the Kacsmaryks of the world.
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James Goodwin
@jamesgoodwin.bsky.social
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The result is at least as equally unacceptable.
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James Goodwin
@jamesgoodwin.bsky.social
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No one is saying that affirmative government actions such as regulations and enforcement should be "easy" -- Project 2025 shows why. But the import of the new legal landscape that the Supreme Court conservative majority has wrought is that such actions may now be impossible.
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James Goodwin
@jamesgoodwin.bsky.social
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β'Thatβs all gone in a world without Chevron.'β
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James Goodwin
@jamesgoodwin.bsky.social
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"That 'basically defeats the purpose of why we had federal standards in the first place, which is to produce national uniformity and some degree of certainty for industry to organize and make long term investment planning decisions around,' Goodwin said." news.bloomberglaw.com/ip-law/overt...
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James Goodwin
@jamesgoodwin.bsky.social
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No idea who Henson is, but is there opening to be the president of her fan club? www.yahoo.com/news/project...
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James Goodwin
@jamesgoodwin.bsky.social
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Interesting take. "The irony is that the Courtβs majority favors a unitary executive but may actually be making the executive branch more pluralist." legal-planet.org/2024/07/01/w...
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James Goodwin
@jamesgoodwin.bsky.social
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So weird how Dudley thinks all agencies are irredeemable bad actors... except for OIRA, of course www.forbes.com/sites/susand...
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James Goodwin
@jamesgoodwin.bsky.social
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It implies that "questions of law" that are "irrelevant" might be exempted from judicial review under the APA. What quality or qualities might make a "question of law" irrelevant?
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James Goodwin
@jamesgoodwin.bsky.social
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In 5 U. S. C. Β§706, what role is the word "relevant" meant to play?
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James Goodwin
@jamesgoodwin.bsky.social
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Now, she's doing it to me.
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James Goodwin
@jamesgoodwin.bsky.social
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I'm responding to my wife using only the available pre-selected messages on Google messenger, and I can tell you our marriage has never been stronger.
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James Goodwin
@jamesgoodwin.bsky.social
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More broadly, when we think about policy debates with sweeping histories, it's important to tease out what's really stationary and what's really drifting. Discerning one from the other can be quite enlightening.
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James Goodwin
@jamesgoodwin.bsky.social
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Not surprisingly, then, today's GOP is largely ghosting CBA in favor of regulatory budgeting, the antiregulatory nihilism of which is self-evident.
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James Goodwin
@jamesgoodwin.bsky.social
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We've seen a similar evolution among the GOP with respect to cost-benefit analysis. The old, deregulatory GOP couldn't have found a more ideal tool than CBA for advancing its agenda. For today's GOP, cost-benefit analysis is a quaint relic. www.yalejreg.com/nc/an-analys...
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James Goodwin
@jamesgoodwin.bsky.social
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But, that ain't today's GOP, which one might describe as "antiregulatory" or even nihilistic. Today's GOP rejects the legitimacy of the system, and refuses to operate within its agreed-upon framework. Chevron offers nothing to today's GOP, and *that* is why it had to go.
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James Goodwin
@jamesgoodwin.bsky.social
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Chevron deference, which is truly policy neutral (as the Chevron case itself demonstrates), worked for *that* GOP. It provided them with a viable legal tool to effectively pursue their policy agenda.
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