Libertarians love to complain about regulatory capture. Here’s how it happens: The government doesn’t like how some industry is going, and decides to regulate it. But the regulatory agencies have to hire from somewhere, and the companies under regulation aren’t fools. Over time they find ways to staff the regulatory agencies with their own people. Eventually the regulated industry ends up in charge of “regulating” itself, and the government provides a huge subsidy in the form of all the rubber-stamping sinecures at the captured regulatory agency. To some people, this process looks all but inevitable, and it offends libertarians because it creates huge amounts of bloat with no benefit to the public.
Libertarians also love to complain about the FDA. But as Scott Alexander points out in a recent post, actually abolishing the FDA would be a huge headache, much more trouble than it’s worth. “Full abolition of the FDA would have domino effects on every other part of healthcare,” he argues. “You would have to reform the insurance system, the War on Drugs, the medical evidence system, the malpractice system, and the entire role of doctors. All of these other things are terrible and should probably be reformed anyway. But you’d have to do it all at the same time, and get it all exactly right.”
In our opinion, these two problems go together like sodium and chlorine — volatile chemicals on their own, but forming a useful salt when combined. Federal agencies are hard to remove. But they are relatively easy to capture.
Instead of trying to destroy the FDA, libertarians and other sympathetic movements, like effective altruism, should try to regulatory capture it. And when they do capture the FDA, Scott Alexander is the man to run it [1].
Scott checks all the boxes. He’s a practicing physician, and well-versed in medical research. He has an extreme skepticism of regulation, but understands that actually running the FDA into the ground would be a bad idea. He knows much more than you wanted to know about all kinds of medical situations. The current FDA Commissioner seems like a solid career guy, but he’s not J. Edgar Hoover. We’re sure that if Scott starts making overtures now, President Swift will be willing to appoint him when she takes office following her landslide victory in 2028.

We understand that Scott might feel hesitant, but taking control of the FDA would be a much more effective and only slightly more painful act of charity than donating a kidney. Also, you will one-up Dylan Matthews forever, we’d like to see him beat this one.
And we have to point out — if regulatory capturing the FDA is possible, then for an effective altruist, making it happen might actually be a moral imperative.
If Scott were the head of the FDA, he could do things like…
Approve normal right-handed ketamine and let doctors prescribe it in a way that makes sense.
The FDA, in its approval for esketamine, specified that it could only be delivered at specialty clinics by doctors who are specially trained in ketamine administration, that patients will have to sit at the clinic for at least two hours, and realistically there will have to be a bunch of nurses on site.
…
They want to make sure no patient can ever bring ketamine home, because they might get addicted to it. Okay, I agree addiction is bad. But patients bring prescriptions of OxyContin and Xanax home every day. Come on, FDA. We already have a system for drugs you’re worried someone will get addicted to, it’s called the Controlled Substances Act. Ketamine is less addictive than lots of chemicals that are less stringently regulated than it is. This just seems stupid and mean-spirited.
…
I wanted to finally be able to prescribe ketamine to my patients who needed it. Instead, I’m going to have to recommend they find a ketamine clinic near them (some of my patients live hours from civilization), drive to it several times a week (some of my patients don’t have cars) and pay through the nose, all so that some guy with a postgraduate degree in Watching People Dissociate can do crossword puzzles while they sit and feel kind of weird in a waiting room. And then those same patients will go home and use Ecstasy. Thanks a lot, FDA.
Set the standards for a study to approve a cavity-fighting bacterium lower than “impossible”.
Professor Hillman started a company “Oragenics” and applied for FDA approval. The FDA demanded a study of 100 subjects, all of whom had to be “age 18-30, with removable dentures, living alone and far from school zones”. Hillman wasn’t sure there even were 100 young people with dentures, but the FDA wouldn’t budge from requiring this impossible trial.
And approve nutritional fluids that save babies’ lives, or local equivalent, the next time something like this comes up.
My problem is: doing anything in medicine is illegal until you clear a giant hurdle. To clear the hurdle, you have to pay millions (sometimes billions) of dollars, fill in thousands of pages of forms, conduct a bunch of studies that can be sabotaged for reasons like “this drug is too good so it would be unethical to have a control group”, and wait approximately ten years. You have to clear this hurdle to do anything, even the most obviously correct actions. Everything starts out illegal, and then a tiny set of possible actions is exempted from the general illegality. The easiest name for this hurdle is “the FDA”, since they’re the agency charged with enforcing it.
These are just a selection, we’re sure Scott can come up with lots of other creative things to do with this position. He could get to the bottom of the modern IRB debacle. He could arrange it so that the names of new medications all turn out to be horrible stealth puns. You might even be able to get Adderall again!
Some of you may be concerned that his new responsibilities would cut into Scott’s available time for blogging. But we’re talking about a man who kept blogging straight through residency. We are confident that running the FDA would only make his blog posts more interesting.
[1] : We promise to take down this post before your senate confirmation hearing, though it would be rather diverting to hear Senator Warren ask if you’re in the pocket of Big Slime. But until then, the challenge stands.

