Saturday, July 18, 2020

Undoing Trump's Work II

The Times has an article today on how the Democrats are planning to use the Congressional Review Act to undo Trump regulatory actions.  According to the article the Republicans are now within the period to which the Act applies so a new Congress controlled by the Democrats would be able to reverse any final rules published from here on to Jan. 19.

The piece quotes Sally Katzen as raising the issue of whether it's possible to reinstate the Obama regs which the Trump administration nullified using the CRA, but it doesn't explore it. I haven't looked at the actual wording of the act recently, but I wonder if the courts would uphold the ability of one Congress to bind a future Congress.

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