An Administrative Power Grab at the EEOC

Through Janet Dillon and Keith Nerd

You’ve heard a lot in recent years about the administrative state – government agencies that are difficult to hold accountable because Congress gives them enormous powers, the judges show them great respect and, in some cases, are formally independent of the president. Many of them — including the Federal Communications Commission, the Federal Election Commission, and the Securities and Exchange Commission — are run by bipartisan groups of Senate-appointed commissioners who exercise their collective authority by voting on matters brought before them.

Although these agencies have different responsibilities, they have one thing in common: the requirement for a majority decision. This should leave no room for political or bureaucratic interference. But those impatient to press ahead with their policies have devised workarounds. At the Federal Trade Commission, there is controversy over “zombie” or “ghost” voting, in which outgoing commissioners vote on matters that are unresolved at the end of their term. At the Federal Deposit Insurance Corp. the chair resigned after other members voted without her.

https://www.wsj.com/articles/an-administrative-power-grab-at-the-eeoc-commissioners-bostock-voting-procedures-delegation-civil-rights-technical-assistance-zombie-11661363517 An Administrative Power Grab at the EEOC

Alley Einstein

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