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This COFC Dispute Opinion Is a Change of Pace.

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Seventeen pages to deny a motion to dismiss. The ultimate decision is going to be a whopper!

Our legal system is a swamp of procedure, and there is nothing to be gained by complaining about it.

In fact, our whole government is a swamp of procedure, administrative and legal. Consider the months-long (if not years-long) source selection process.

Again, there is no point in complaining about it. All efforts to "streamline" procedure have failed.

America is in the grip of a cult of procedure.

See: "The Procedure Fetish," by Nicholas Bagley (2021):


Inflexible procedural rules are a hallmark of the American state. The ubiquity of court challenges, the artificial rigors of notice-and-comment rulemaking, zealous environmental review, pre-enforcement review of agency rules, picayune legal rules governing hiring and procurement, nationwide court injunctions — the list goes on and on.


For a longer version see Bagley, The Procedure Fetish, 118 Mich. L. Rev. 345 (2019).

The article has been cited 103 times.



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