Cass R. Sunstein, Columnist

Trump Judges Won’t Be Biden’s Highest Legal Hurdle

Democratic and Republican jurists will both insist that the benefits of new regulations outweigh costs and that their impact won’t be too disruptive.

January 28, 2021 at 5:00 PM UTC

By Cass R. Sunstein

Cass R. Sunstein is a former Bloomberg Opinion columnist. He is the author of “The Cost-Benefit Revolution” and a co-author of “Nudge: Improving Decisions About Health, Wealth and Happiness.”

The courts will have some questions.
Photographer: Doug Mills/The New York Times/Bloomberg via Getty Images

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It is already clear that President Joe Biden will be implementing a large number of his policies through executive action.

The reason is equally obvious: Democrats control both houses of Congress, but with a 50-50 split in the Senate and thin majority in the House of Representatives, it will be challenging to enact ambitious legislation. Whether the issue involves climate change, Covid-19, occupational safety or civil rights, executive action might be the only game in town.