Can President Obama's Most Controversial Regulations Be Stopped?
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With 95 economically significant final regulations in the pipeline this year, President Obama is more ambitious than previous presidents, but he will not be the first to issue a flurry of “midnight regulations” on his way out the door. However, according to a new report from the Congressional Research Service, any rule that he doesn’t publish by May 16th runs the risk of being summarily overturned in 2017.
Under the Congressional Review Act (CRA), congress has 60 working days after a final rule is issued to review it and decide whether to send a “joint resolution of disapproval” to the president. For rules issued with less than 60 working days left in the current Congress, the review clock starts over in the next Congress, which would mean congressional resolutions of disapproval would land on the desk of the next president, reducing the threat of a veto. According to CRS’s review of the current legislative calendar, that means that the 115th Congress seated in January 2017 will have a chance to review any rule issued after May 16, 2016. If the new Congress resolves to disapprove any of those regulations, the 45th president will be the one to sign or veto that resolution.
Read more about options for revisiting midnight regulations in Forbes and at the GW Regulatory Studies Center.
Judge, United States Court of Appeals, District of Columbia Circuit (ret.)
The Honorable Janice Rogers Brown was confirmed to the United States Court of Appeals for the District of Columbia Circuit on June 8, 2005. She retired from the court in 2017. From 1996 to 2005, she was an associate justice of the California Supreme Court. Prior to this, she served as associate justice of the Third District Court of Appeals in Sacramento and as legal affairs secretary to California Governor Pete Wilson. Earlier in her career, she served as Deputy Secretary and General Counsel for California’s Business, Transportation and Housing Agency after having worked in the criminal appellate and civil trial divisions of the California Attorney General’s Office. She currently chairs the Advisory Board of the New Civil Liberties Alliance, and serves on the Board of the Coolidge Foundation and the Association of College Trustees and Alumni. She is the Darling Foundation Jurist-in-Residence and visiting professor of Law at the University of California Boalt School of Law. Brown has been honored with the Jurisprudence Award of Claremont Institute’s Center for Constitutional Jurisprudence, the Baroness Thatcher Award of the Pacific Research Institute, the Edwin Meese III, Originalism and Religious Liberty Award from the Alliance Defending Freedom, the James Wilson Institute Leadership and the Law Award, and the 2019 Bradley Award. She earned her law degree from the University of California – Los Angeles School of Law, and a Master of Laws in judicial process from the University of Virginia School of Law.
Director, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, The George Washington University
Susan Dudley is the Founder and Director of the George Washington University Regulatory Studies Center, established in 2009 to raise awareness of regulations’ effects and improve regulatory policy through research, education, and outreach. She is also a distinguished professor of practice in the Trachtenberg School of Public Policy and Public Administration. She is past-president of the Society for Benefit Cost Analysis, a senior fellow of the Administrative Conference of the United States, and on the Regulatory Transparency Project Regulatory Practice Working Group. Her book, Regulation: A Primer, with Jerry Brito, is available on Amazon.com.
From April 2007 through January 2009, Professor Dudley served as the Presidentially-appointed Administrator of the Office of Information and Regulatory Affairs in the U.S. Office of Management and Budget and was responsible for the review of draft executive branch regulations under Executive Order 12866, the collection of federal-government-wide information under the Paperwork Reduction Act, the development and implementation of government-wide policies in the areas of information policy, privacy, and statistical policy, and international regulatory cooperation efforts.
Prior to OIRA, she directed the Regulatory Studies Program at the Mercatus Center at George Mason University, and taught courses on regulation at the George Mason University School of Law. Earlier in her career, Professor Dudley served as an economist at OIRA, as well as the Environmental Protection Agency and the Commodity Futures Trading Commission. She was also a consultant to government and private clients at Economists Incorporated. She holds a Master of Science degree from the Sloan School of Management at MIT and a Bachelor of Science degree (summa cum laude) in Resource Economics from the University of Massachusetts, Amherst.