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AEI's weekly digest of top commentary and scholarship on the issues that matter most

Constitutional Checks on Regulatory Ambitions

Questioning the Federal Trade Commission's Competition Rulemaking Authority

December 3, 2022

According to Eugene Scalia, the Federal Trade Commission's claims of regulatory authority over "unfair methods of competition" rest on a dubious legal foundation. "The major questions doctrine, as recently articulated by the Supreme Court," writes Scalia, "is an additional and particularly damaging blow to the commission's regulatory ambitions."

 

 

Danielle Pletka outlines how a Republican-controlled House of Representatives can strengthen US foreign policy and overcome ideological divisions within the GOP. First, Pletka proposes that congressional Republicans use their oversight powers to improve accountability and ask important questions about current US foreign policy.

 

Amid protests against Xi Jinping's rule, Hal Brands argues that President Joe Biden should not back down from calling out the Communist Chinese regime's human rights abuses. Highlighting President Ronald Reagan's example, Brands says that paying attention to human rights is an ethical and effective way to challenge repressive adversaries.

 

In the latest report from the AEI Housing Center, Edward J. Pinto and Tobias Peter present a systematic method for testing the alleged systemic racial bias of federal mortgage appraisers. Pinto and Peter show how they applied their method in evaluating and ranking appraisers in Atlanta, Georgia, as a blueprint for a nationwide screening.

 

As analysts puzzle over the 2022 midterm elections, Yuval Levin contends that the outcome reflects profound dissatisfaction with both major parties. "Maybe voters didn't choose change in this election because they weren't actually offered change, but the very same options they faced and turned down last time," writes Levin.

Policy Solutions for Hospital Consolidation

In a new report, Brian J. Miller and Jesse M. Ehrenfeld consider policy solutions to hospital consolidation, a significant factor in the rising costs of health care services. Miller and Ehrenfeld agree with the evidence that as hospitals merge and the market for health care services concentrates, prices and insurance premiums rise, at the expense of patient choice and physician quality. While considering policy tools to limit further consolidation, Miller and Ehrenfeld also show how federal policymakers have driven hospital consolidation through the Medicare fee-for-service program to control costs. They propose that federal policymakers can lower market barriers to the provision of integrated physician-owned hospitals. The coauthors conclude by restating the extent of hospital consolidation and the imperative to address it.

 

 

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QUOTE OF THE WEEK

For everyone furiously debating the condition of American democracy, the 2022 midterms were a beautiful thing—a gift to both sides of the argument, a Rorschach test that yields to either interpretation.

Ross Douthat