[Pearls Before Swine]

A related scandal that doesn’t get much attention is the “sue and settle” strategy. An Obama-favored group would sue a government entity, like the EPA, and the DOJ would be instructed to roll over, not defend, and “settle” giving them pretty much what they wanted. Judges tended to go along—after all, there was a suit, and a settlement agreed to by both parties.

It was a way of essentially passing law through the courts that would never have made it through Congress.

[marktwain]

A related scandal that doesn’t get much attention is the “sue and settle” strategy. An Obama-favored group would sue a government entity, like the EPA, and the DOJ would be instructed to roll over, not defend, and “settle” giving them pretty much what they wanted. Judges tended to go along—after all, there was a suit, and a settlement agreed to by both parties.

It was a way of essentially passing law through the courts that would never have made it through Congress.

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Yes, and it is almost impossible to get such a “settlement” reversed. It was never passed by Congress and is not a law. It never went throught the regulatory rule making process. Some unknown judge just approved it, and the parties that pay were never consulted.