70 Am. U. L. Rev. 387 (2020).

* Bridget C.E. Dooling is a research professor at The George Washington University Regulatory Studies Center. The author thanks Steve Balla, Jerry Ellig, Rachel Potter, Philip Wallach, Brian Feinstein, Matt Lawrence, Laura Stanley, Mark Febrizio, Camille Chambers, and the participants at the Oversight and Accountability Symposium hosted by American University Washington College of Law in November 2020, particularly Eloise Pasachoff and Jeff Lubbers, for helpful comments on earlier drafts. She also thanks the Brookings Institute for its financial support of a related essay published in its Series on Regulatory Process and Perspective in March 2020.