Chapter 9 - Judicial Review.ppt

Chapter 9 - Judicial Review Part II The Evolution of Policy as Politics Change What Drives Laws? First, there is popular concern Individual stories Then interest groups MADD is an example Insurance industry Then pressure on elected officials Sometimes this is compressed as the legislature reacts to a crisis Very seldom does the legislature pass a law just because it is a good thing The Seat Belt Saga Nader and Public Interest Unsafe at any Speed - 1965 The Seat Belt Saga II Then Congress passes the Traffic and Motor Vehicle Safety Act 1967 - regulation requiring seatbelts 1972 - realized that people where not wearing the seatbelts Regulation requiring automatic seatbelts or airbags by 1975 The Seat Belt Saga III Required cars between 1973 and 1975 to have automatic seatbelts or ignition interlocks Chrysler v. DOT affirmed the regs Industry choose interlocks - why? 1974 - Congress passed a law banning regs requiring interlocks and said that all future regs on passive restraints had to be submitted to Congress for legislative veto Chadha fixes that The Seat Belt Saga IV DOT under Ford withdrew the regs DOT under Carter (a few months later) passed new passive restraint regs for 1982 and Congress did not veto them 1979 - Regs were affirmed in Pacific Legal Foundation v. DOT The Seat Belt Saga V 1981 - DOT under Reagan withdrew the regs because the car companies were going to use automatic seatbelts that could be disconnected. 1983 - Motor Vehicles Manufacturers Assoc. V State Farm hit the United States Supreme Court Motor Vehicle Manufacturers v State Farm Mutual Auto What was the key agency law issue in this case? How was this relevant to the transition from Clinton to Bush? How did it drive the midnight rulemaking? What was the rationale for the courts ruling? How is this different from saying that agencies are bound by precedent? The Seat Belt Saga VI 1984 - DOT (Libby Dole) promulgated a reg requiring automatic seatbelts or airbags in all cars after 1989, unless 2/3