I agree with Todd and Eugene that President-elect Obama has made a good choice to pick Harvard law professor Cass Sunstein to head the Office of Information and Regulatory Affairs (and not just because Cass has beena guest blogger). Cass’s work on some issues (such as the Supreme Court and judicial nominations) can be frustrating, but his work on regulatory policy and risk is first rate. Agree or not, Cass has been an important thinker and synthesizer of research in this area, and I expect he will help maintain (if not increase) a solid level of analytical rigor at OIRA.
I do wonder, however, whether Sunstein will be the first person to head OIRA who was willing to ask whether OSHA is unconstitutional.