
This framing is silly tho, Congress can’t possibly predict every single scientific advancement in the future after passing a law, when Congress passes something broad like “ensure safe air quality” to the EPA, it is purposefully leaving gaps for scientists at the EPA to fill based on their expertise and subject knowledge, this is implementing the law EXACTLY how Congress intended
First, on “the actual word of the law.” Language is inherently limited, and words alone cannot account for reality without context. Laws are full of necessarily broad words like “safe,” “feasible,” or “significant risk.” What constitutes “safe” drinking water isn’t purely a linguistic question that a judge can solve by looking through a dictionary. It’s a scientific and empirical calculation that will change over time.
If a law says the government must regulate “stationary sources of air pollution,” does that include a newly invented type of factory that didn’t exist when the law was written? Deciding what the actual word applies to inherently requires interpretation. If a trained agency staffed by scientists doesn’t make that call based on data, an unelected judge will based on vibes and personal ideology.
In terms of calling witnesses, bringing in an expert witness to testify for a couple hours while drafting a bill only provides a scientific insight for those couple hours. Things change and quickly. An expert witness can tell Congress that a certain chemical causes cancer. But that singular witness can’t spend the next 30 years running a lab, monitoring thousands of factories, updating safety thresholds based on new medical data, or enforcing violation penalties.
On your ‘predicting scientific advancement’ point, expecting 535 politicians to understand the complexities of the molecular biology of new drugs, the engineering specifications of nuclear power plants, and the coding projects behind AI is completely unrealistic. If Congress couldn’t pass these laws, no Clean Air Act, no Federal Aviation Administration. The government has to wait for a new crisis, and then they wait a couple years to debate fixes before passing it. This just benefits corporation
Except deciding what’s “safe” or “significant” isn’t just linguistics, it’s an exercise of power. If a law says to remove “significant risks,” dictionaries don’t tell you if that means 1 in 10,000 or 1 in 1,000. Plus, if a judge decides that a risk isn’t linguistically significant, they are making a value judgment that prioritizes corporate profits over Americans’ safety. Letting a judge use a dictionary to override a scientist’s data-driven risk assessment is a dangerous distortion of the law.
Also, preferring a single judge replaces a transparent, fact-based process with the unchecked personal ideology of a single person. All judges have biases. This idea just lets corporations judge shop to get friendly rulings on public safety. Plus those million bureaucrats don’t act in a vacuum. They report to a Cabinet Secretary who is appointed by a democratically elected President. If the public dislikes an agency’s rules, they can vote that President out of office. Judges are lifetime.