Checks and Balances: Deregulation Based on Supreme Court Rulings

Among the points emphasized by the second Trump administration has been a major push for deregulation. President Trump has directed that there must be ten deregulatory actions for every one regulatory one, and put forward Presidential Memoranda and Executive Orders to that end. As some have noted, however, such deregulation can take significant time due to factors like the requirements for notice and comment under the Administrative Procedure Act.

Interestingly, an April Presidential Memorandum seems to contemplate that potential hurdle for executive actions directing repeal of regulations contrary to ten specific recent Supreme Court decisions, including without notice and comment “where appropriate.”

This panel will seek to discuss the potential impact of this presidential memorandum, when deregulation may happen, incurring a need for notice & comment, and what the Judicial Branch might ultimately determine about the Executive Branch’s efforts to enforce their precedents in this manner.

Featuring:

• John Lewis, Deputy Legal Director, Governing for Impact
• Jonathan Wolfson, Chief Legal Officer and Policy Director, Cicero Institute
• (Moderator) Craig E. Leen, Partner, K&L Gates, and Former OFCCP Director

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.