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Executive Branch Overreach

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The Federalist Society's Executive Branch Review Conference lived up to its billing with several terrific panels and a keynote address by Sen.Ted Cruz (all available here).

Sen. Cruz discussed a number of episodes of executive overreach, including, as is relevant for this blog, Eric Holder's unilateral decision to do by fiat what he's impatient with Congress for not doing on his schedule.  That would be to water down mandatory minimum sentencing so heroin and meth dealers, among others, won't have it so rough.  I have previously taken note of Mr. Holder's self-help approach to sentencing rules enacted by Congress which do not win his approval, e.g., here.

Sen. Cruz, whom I've known since we were in the Reagan Justice Department, was critical of DOJ's high-handed approach, even while noting that reasonable minds within the conservative movement can disagree on the question whether current mandatory minimums are harsher than they should be.  (He voted in favor of moving the Smarter Sentencing Act out of the Judiciary Committee).

He then, from the podium, gave me the razzball. From Ted, I'm delighted to get it.

His talk is here.  He starts discussing the mandatory minimum issue at 11:48 of the tape and finishes at 14:12, although readers interested in the startling breadth of this Administration's overreach would do well to listen to the entire address. The razzball moment is at about 12:25.

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