Agencies, Courts, and Public Accountability [No. 86]

Are agencies or courts more accountable when they make policy decisions? Professor David Bernstein discusses the constraints that each entity faces when making decisions, and the impetus behind their choices. He argues that neither courts nor agencies ultimately have much accountability to the public although agencies might be held accountable to whichever political party happens to be in power.

David Bernstein is a University Professor and the Executive Director of the Liberty & Law Center at the Antonin Scalia Law School.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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