The existing judicial review goes only to capriciousness and unreasonableness. It does not go to the standard of whether or not they complied with the requirements of cost analysis. We are adding here in this bill an entirely new arm and an entirely new set of information that can be attacked. Now, the gentleman's problem--let me say what his problem is. You have got institutions worth hundreds of billions of dollars with law firms and inside counsel that have nothing else to do but to test regulatory authority and properness in the issue of regulations, and we have seen--I mean it's not like we're saying, ``Could this happen?'' We're not saying, you know, ``Is it an outside possibility?'' In the 1970's, in the 1980's, we saw it happen to the extent we almost saw a total collapse in the financial institutions of this country.
Editor's note · Context
Discussing the limitations of existing judicial review in regulatory matters.
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