Professor Mark Rienzi, Co-Director of the Center for Religious Liberty and President /CEO of the Becket Fund for Religious Liberty, had a response article published by Mosaic. The article is in response to Adam White's article, The Overseers of American Religion, which examines how, as policymaking has shifted away from elected legislators and toward less accountable regulators, the administrative state has emerged as a serious threat to religious liberty. Below is an excerpt from Rienzi's article:
Mosaic
Date: 11/01/2022
Title: The Peril and Promise of Administrative Law for Religious Freedom
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White is surely correct that the administrative state can pose grave problems for religious liberty. As I’ve written elsewhere, most of the recent religious-liberty conflicts at the Supreme Court have been administrative conflicts, caused by bureaucratic agencies rather than legislatures. And White quite properly notes that reining in the administrative state—both through judicial tools like the major-questions doctrine and through better administrative decision-making—holds the promise of helping to solve some of those conflicts.
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Click here to read the full article.