And for separate reasons, in every field where it's reasonable there should be a track for proposing agency regulations to be turned into law (packing them up as law proposals for congress, etc). I think that would make it harder to attack regulatory authority
Yes! And that new circuit will have exclusive jurisdiction over any case seeking a nationwide injunction with respect to any federal regulation (and maybe law too?). End the 5th Cir. forum shopping problem.
Exactly. Tho I'd probably go further and just let the US remove any case where the US itself or an official acting on its behalf in their official capacity is a defendant (but not any case where the US is prosecutor) be removed to the administrative circuit
There would have been a clear rubric under which the Dems could've carved out a filibuster exception to pack the court: If a majority on the court is created by justices selected by presidents who did not get the popular vote, justices should be added by a popular president in equal number.