[Cboldt]

Taking agencies to court actually works, especially when they are operating outside of their statutory mandate. Regulatory agencies are another tool Congress uses to duck accountability. “We didn’t make the rules, we just created an agency to do that.” But the courts can and do “clarify” what powers an agency has. Not always the way we would like, e.g., Courts deciding that CO2 is a pollutant in the atmosphere, so within EPA regulatory power.

[St_Thomas_Aquinas]

Taking agencies to court actually works, especially when they are operating outside of their statutory mandate. Regulatory agencies are another tool Congress uses to duck accountability. “We didn’t make the rules, we just created an agency to do that.” But the courts can and do “clarify” what powers an agency has. Not always the way we would like, e.g., Courts deciding that CO2 is a pollutant in the atmosphere, so within EPA regulatory power.

I guess that's what Mark was saying. I'd like to see him behind a microphone, discussing his lawsuit on TV. I'm now holding my breath waiting for McConnell and Boehner to call him.