Introducing The Legislative Drafter’s Desk Reference, Third Edition: A Major Update to a Seminal Work

September 9, 2024  

  • Congressional Reform
  • Blog

In legislative drafting, staying current with best practices and legal nuances is paramount. Drafters must use language that aligns with existing laws and regulations, address emerging societal issues effectively, and avoid the ambiguities and loopholes that can derail even the best-intentioned legislation. Enter the third edition of The Legislative Drafter’s Desk Reference.

This seminal reference work builds upon the solid drafting principles set forth in the first edition. It contains numerous examples, models, and case studies to illustrate these principles, along with helpful compare/contrast exercises to demonstrate techniques to improve the drafting of existing statutes, introduced bills, and regulations. Writing style and usage guidance throughout the book ensure clear communication.

Changes in Third Edition

Well over a decade has passed since the publication of the second edition, and the third edition addresses changes during that time that impact legislative drafting, including statutory changes and the explosion of online resources that have changed the nature of research, The book also stresses the importance of the impartiality of the legislative drafter, certainly a challenge in our politically charged environment.

There have also been significant changes in jurisprudence since the second edition was published which will affect legislative drafting, most significantly in cases limiting Congress’s constitutional authority, and in cases limiting the authority of executive agencies implementing legislation, with greater recognition of the role of the courts in interpreting statutes.  The Legislative Drafter’s Desk Reference directly addresses the potential impact on the way legislation is drafted of the Supreme Court’s recent decisions in Loper Bright Enterprises v. Raimondo (2024), which overturns Chevron v. Natural Resources Defense Council (1984), and in SEC v. Jarkesy (2024), which limits the authority of an executive agency in imposing civil penalties.

Pulling from Experience as Legislative Counsel

As the field continues to adapt to new legal precedents and drafting techniques, it is essential to have a trusted guide to help you craft effective legislation. Sandra L. Strokoff was appointed by former Speaker of the House Nancy Pelosi to be Legislative Counsel of the U.S. House of Representatives—the first woman to serve in that role. Sandra and Lawrence E. Filson, who wrote the first edition before his passing, have more than eighty years of legislative drafting experience between them.

Whether you are a seasoned drafter looking to refine your skills, a legal professional seeking to expand your expertise, or a student embarking on a career in politics, this book offers a thorough, up-to-date, and practical guide to the art and science of legislative drafting. Best of all, you can add it to your library today!