In recent years, the LPE movement has generated compelling positions on the limits of the courts and the promise of the administrative state. Yet it is striking how little it has had to say about about legislative procedure and politics. By focusing on how power can be durably built in Congress, LPE scholars could help envision democratic alternatives to our current institutional doom spiral.

While treating economic growth as the summum bonum of public policy may reflect the preferences of economists, large majorities of voters across the political spectrum oppose using the aim of wealth maximization to guide regulatory decision-making. The time has come to abandon cost-benefit analysis and adopt a progressive approach to regulatory analysis.