In 1946, legislators passed the Administrative Procedures Act, which governs the way that regulatory agencies carry out legislation. That law both gives agencies discretion in setting up laws, but holds them accountable for carrying out CongressÂ’s intentions.
“Under the Administrative Procedure Act precedent, the courts can compel agencies that have been unreasonably delayed,” says Simon Lazarus, a senior counsel at the Constitutional Accountability Center. “Those tend to involve delays that have gone on for years.”
Courts have frequently grappled with issues of what counts as an “unreasonable” delay and, as many experts will tell you, they still haven’t set a bright line between executive discretion and disobedience.
Still, there is precedent that gives us some guidance into what is, and is not, appropriate.
The White House keeps changing Obamacare. Is that legal?