In Sludge, Harvard Law professor Cass Sunstein argues that excessive administrative friction—the paperwork, waiting times, processes, and bureaucratic obstacles he calls “sludge”—separates people from what they need. While some friction serves legitimate purposes, Sunstein contends that the vast majority of sludge causes far more harm than good. It wastes billions of hours annually, costs hundreds of billions of dollars, depletes people’s mental capacity, and disproportionately harms the most vulnerable. It also undermines human dignity by making people feel their time and lives don’t matter, and it undermines fundamental rights like voting and accessing essential services.
Sunstein contends that reducing sludge should be a priority for governments, businesses, and institutions because it improves lives without the tradeoffs typical of most debates...
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Sunstein defines sludge as the friction that separates people from what they want or need: excessive paperwork, long wait times, confusing applications, mandatory in-person appointments, complicated procedures, and frequent renewals. If you’ve ever abandoned an application for financial aid or health insurance because it was too complex, you’ve encountered sludge. If you’ve waited four hours in line to vote, you’ve experienced sludge. The obstacle is friction that makes completing a task so difficult that you give up. Sunstein’s key insight is that sludge isn’t inevitable—it’s a design choice about how much friction to embed in processes.
(Shortform note: Sunstein sees sludge as a design problem, but political scientist Steven M. Teles (The Captured Economy) argues it emerges from deeper issues. Teles coined the term “kludgeocracy” to describe how policies accumulate complexity through layers of [patches and...
Sunstein builds his case against sludge by examining three types of harm it routinely causes. First, sludge wastes enormous amounts of your time and money. Second, it depletes your mental capacity, especially if you’re already struggling with scarcity, and this psychological toll is particularly severe if you’re poor, elderly, sick, or disabled. Third, sludge violates your dignity by making you feel your time doesn’t matter, and it undermines your constitutional rights. In this section, we’ll examine each of these types of harm.
Sunstein argues that the most visible cost of sludge is wasted time, which has real economic value. Americans spend 11.4 billion hours annually on federal paperwork alone. At the Bureau of Labor Statistics’ average hourly wage of $27, this represents over $300 billion in annual costs—figures that capture only federal paperwork and the time spent on it, not the psychological costs or opportunities lost because of effort spent dealing with sludge. This means that reducing sludge can generate substantial economic benefits. The TSA PreCheck program illustrates this potential: If five million travelers use the...
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Sunstein argues that to reduce the impact sludge has on society, we should shift from making people overcome friction to making systems work automatically. He explains that the first step in reducing sludge is to measure it. Organizations and governments should conduct “sludge audits” to quantify the administrative burdens they impose and confront the reality of what they’re demanding from people.
A sludge audit involves several components: Quantify current burdens by measuring time required, money spent, and steps involved in a process; identify which requirements are unnecessary or excessive; assess whether the benefits of each requirement justify its costs; examine who bears the burden most heavily; and, when possible, make the findings public to create accountability. For example, states could audit the requirements for accessing SNAP benefits, calculate how many hours applicants spend gathering documents and traveling to offices, identify which requirements exclude eligible families, and publish these findings.
(Shortform note: Critics argue Sunstein’s approach—measure sludge, then optimize it—might make unjust systems [more politically...
Sunstein argues that sludge is everywhere, but we often view it as an inevitable hassle rather than a design choice. By identifying the sludge you encounter, you can better understand where friction is blocking you from what you need—and potentially advocate for change.
Think of a time when you gave up on something you wanted or needed to do because the process was too complicated, time-consuming, or frustrating. What were you trying to accomplish?
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Jerry McPheeSunstein emphasizes that sludge doesn’t affect everyone equally—it falls hardest on those with the least bandwidth to overcome obstacles. This exercise helps you recognize when administrative friction might be manageable for you but insurmountable for others.
Think of an administrative task you’ve successfully completed recently (filing taxes, renewing a license, applying for a benefit, scheduling a medical appointment, and so on). Roughly how much time and effort did it require?