Thomas McGarity, U.S. Senate Judiciary Committee Holds Hearing On Auto Safety Rulemaking (Aftermarket News)

In a November 27 article, Aftermarket News, a trade publication for the automotive industry, quoted Professor Thomas McGarity’s testimony from a recent Congressional hearing about the adequacy of the National Highway Traffic Safety Administration as a rulemaking agency:

“According to McGarity, ‘The National Highway Traffic Safety Administration has effectively given up on rulemaking unless specifically required by statute, focusing instead on its statutory power to force the recall of motor vehicles that contain ‘defects’ related to safety performance. The move away from rulemaking to adjudication gives the agency the flexibility to allow policies to evolve through the gradual process of stare decisis.’”