Handmaidens of the legislature? Understanding regulatory timing

When does legislation trigger regulation? The US Congress regularly passes laws that authorise government agencies to write legally binding regulations. Yet, when this occurs, agencies may take years to act – or, at times – may never act at all. We theorise that the breadth of the congressional statutory delegation drives the timing of agency policy production. In particular, when Congress expressly tells an agency to promulgate a rule, we expect agencies to do so quickly. Yet, when Congress provides greater policymaking discretion to agencies, we expect other factors – and especially, internal agency considerations – to drive regulatory timing. We use data from almost 350 statutes spanning four decades, which are then matched up with thousands of regulations, to assess the argument. Using innovative methods, we find support for our hypotheses. Overall, we produce a deeper understanding of the link between delegation and discretion: suggesting when it occurs, as well as, importantly, why.

PROSPECTS FOR THE COMMERCIAL OPERATION OF NORD STREAM 2

In early September 2021, the construction of the Northern stream – 2 рroject (NS-2) was completed. Its operator, Nord Stream 2 AG, has submitted documents for certification of the gas pipeline. The Federal Network Agency of Germany (BNetzA) is responsible for this process, which refused to grant the SP-2 operator an independent status. In November 2021, the German regulator agreed with him on the need to create a subsidiary in the Federal Republic of Germany. It must meet the requirements of German legislation and the Third Energy Package of the European Union. Contrary to the optimistic forecasts of experts and the expectations of Gazprom, the start of commercial operation of the project was postponed to 2022. BNetzA’s decision coincided with the adoption of the next US sanctions against the SP-2 participants and the creation of a new government coalition in Germany. Opponents of the project from the Union 90 / Greens party entered the new cabinet of ministers. The SP-2 is not mentioned in the coalition agreement that defines the future relations of Germany with the Russian Federation. The author, based on the analysis of original sources, examines the reasons for the delay in project certification; its role and place in the strategy of the new German cabinet of ministers; assesses the prospects for the start of commercial operation of the NS-2 in the context of continued opposition from Poland and Ukraine, as well as American sanctions mechanisms and confrontation in this matter from the US Congress and the President.

Do constituents know (or care) about the lawmaking effectiveness of their representatives?

Substantial evidence exists that members of the US Congress vary in their lawmaking effectiveness. Less known, however, is whether constituents are sufficiently informed and inclined to hold their representatives accountable, based on their effectiveness. We conduct two separate survey experiments, informing some constituents about lawmakers' effectiveness and comparing their responses to those with the baseline level of information. We find that voters demonstrate little knowledge of their elected officials' lawmaking effectiveness. When presented with objective and credible information about lawmaking effectiveness, however, respondents express greater approval of more effective lawmakers. Effects are strongest among ideological moderates, but are even pronounced among partisans, who approve of effective representatives of the opposing party, and disapprove of ineffective representatives from their own party.

A policy mapping analysis of the U.S. Congressional approach to medical aid-in-dying

Oregon was the first state to legalize medical aid-in-dying (MAID), in 1994. Since then eight states and Washington, DC have legalized MAID through legislation. Despite literature exploring the legal and ethical aspects of MAID, very little research examines MAID policy at the federal level. This study aimed to 1) examine the objectives of MAID legislation introduced to the US Congress, and 2) investigate whether these bills increase or decrease access to MAID. This study used the congress.gov website to search for bills related to MAID introduced by the US Congress between 1994 and 2020. From the 98 bills identified, we excluded bills that were not directly related to MAID or were introduced in subsequent congresses. In total, 23 bills were retained and analyzed. The greatest number of bills aimed to restrict funds for MAID, followed by bills that sought to regulate the drugs used for MAID. Other bills prohibited the development of policies supporting MAID, regulated penalties for practitioners related to the drugs used for MAID, and restricted legal assistance for accessing MAID. These bills intended to block or limit patient access to MAID by restricting drugs, funds, health care services, legal assistance, policy, and research. These findings suggest that the federal approach is incongruous with the growing numbers of states that have legalized MAID. Federal policymakers must develop policies to 1) prevent discrimination against vulnerable groups, 2) support funds to study MAID, and 3) build a system to allows eligible individuals to access MAID equally.

The Attack on the US Capitol: An American Kristallnacht

The attack on the US Capitol on 6 January 2021 was the first such attack on the US Congress since the British-American War of 1812. It was also the event leading to the highest number of injured first responders from any single event in the US since 9/11. What led to it? To respond this question, this article places this event within the broader crisis of Western democracies and the rise of populism that has been its hallmark. It explains the attack on the Capitol as a result of the “Big Lie”, that is, the assertion that the November 3, 2020, presidential elction was stolen from Donald Trump. The remarkable resonance this unfounded claim has found among the US population, in turn, can be traced back to the huge division by race, class and geography currently affecting the United States, a division that makes for a highly polarized polity.

Introduction: “Be Bold”: The Legacy of John R. Lewis

This essay introduces the roundtable, “John R. Lewis's Legacies in Law and Religion.” A civil rights icon and long-standing US congressman representing Georgia's Fifth Congressional District, Lewis was often described as the moral conscience of the US Congress and the nation. The essays in this roundtable explore the many facets of Lewis's moral leadership, with particular attention to his influence on law and religion. This roundtable is a testament to what it means to speak up, speak out, and be bold in defense of justice.

Shifting party goals: Party electoral support and legislative behavior in the majority and the minority

While scholars agree that parties are interested in both pragmatic (electoral) and programmatic (policy) goals, they disagree about the relative importance of those goals. How parties weight these goals has implications for the effect of party involvement on legislative behavior. We argue that parties emphasize these goals differently based on whether they are in the majority or minority. We examine links between party support in primary elections for the US Congress and subsequent legislative behaviors, finding that candidates who received more party support during the primary election were more likely to engage in partisan efforts in the next Congress. Further, party support of incoming legislators is linked to increased partisan behavior through leapfrog representation. We find that these relationships are stronger for majority party candidates, suggesting that parties put a greater emphasis on winning majorities when in the minority but a greater emphasis on policy congruence when in the majority.