Comments on: Should the Uber-Bailout be Unreviewable? http://www.concurringopinions.com/archives/2008/09/a_disgorgement.html The Law, the Universe, and Everything Tue, 14 Feb 2012 05:18:12 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: A.J. Sutter http://www.concurringopinions.com/archives/2008/09/a_disgorgement.html/comment-page-1#comment-47121 A.J. Sutter Mon, 22 Sep 2008 06:06:32 +0000 http://www.solove.org/archives/2008/09/should-the-uber-bailout-be-unreviewable.html#comment-47121 Dennis, I think your question might not be the right one to ask, because it seems based on too minimal an assumption. Namely that the plan is unamended save for the judicial review issue. The better solution is to provide expressly for Congressional and/or judicial oversight in the plan. If judicial review is included, the bill could include creation of a cause of action for suit and a description of who has standing to sue. As for who *should* have standing to sue, that's a political issue. As one who's pocket is about to be picked for this, I think all taxpayers should have standing; that's unlikely, however. And I think that some financial institutions should have the right to sue if DoT acts in a discriminatory fashion (is cronyism past this administration?) But that's just off the top of my head; given the incredible amounts at stake ($700B at any one time -- so in actuality a whole lot more), someone ought to give this aspect of the plan, among others, more than the top-of-the-head thinkthrough it seems to have received. Dennis, I think your question might not be the right one to ask, because it seems based on too minimal an assumption. Namely that the plan is unamended save for the judicial review issue.

The better solution is to provide expressly for Congressional and/or judicial oversight in the plan. If judicial review is included, the bill could include creation of a cause of action for suit and a description of who has standing to sue.

As for who *should* have standing to sue, that’s a political issue. As one who’s pocket is about to be picked for this, I think all taxpayers should have standing; that’s unlikely, however. And I think that some financial institutions should have the right to sue if DoT acts in a discriminatory fashion (is cronyism past this administration?) But that’s just off the top of my head; given the incredible amounts at stake ($700B at any one time — so in actuality a whole lot more), someone ought to give this aspect of the plan, among others, more than the top-of-the-head thinkthrough it seems to have received.

]]> By: Dennis Tuchler http://www.concurringopinions.com/archives/2008/09/a_disgorgement.html/comment-page-1#comment-47120 Dennis Tuchler Sun, 21 Sep 2008 23:48:23 +0000 http://www.solove.org/archives/2008/09/should-the-uber-bailout-be-unreviewable.html#comment-47120 Assume there were judicial review available. Who would have standing to raise the issue of the excessive delegation of authority? Assume there were judicial review available. Who would have standing to raise the issue of the excessive delegation of authority?

]]> By: Benjamin Keele http://www.concurringopinions.com/archives/2008/09/a_disgorgement.html/comment-page-1#comment-47119 Benjamin Keele Sun, 21 Sep 2008 22:14:10 +0000 http://www.solove.org/archives/2008/09/should-the-uber-bailout-be-unreviewable.html#comment-47119 A few years ago, I wrote an article examining the incidence of denials of judicial review and found that they occurred more often than most would expect. Certainly, though, this bailout plan is most important governmental action that is unreviewable that I have ever seen. In case anyone is interested, the article is available at http://digitalcommons.unl.edu/poliscitheses/2. A few years ago, I

wrote an article examining the incidence of denials of judicial review and

found that they occurred more often than most would expect. Certainly,

though, this bailout plan is most important governmental action that is

unreviewable that I have ever seen.

In case anyone is interested, the article is available at

http://digitalcommons.unl.edu/poliscitheses/2.

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