With the 119th Congress now assembled, Republicans control both the House and Senate, and will control the White House starting on January 20th. If history is any guide, this change in party control of the White House, plus unified control of Congress by the president’s party, will pave the way for Republicans to deploy the Congressional Review Act (CRA) to overturn a number of regulations issued by the Biden Administration. When President Trump first took office in 2017, congressional Republicans used the CRA to overturn more than a dozen rules promulgated by the Obama Administration. Continue Reading Biden Administration Rulemakings at Risk for Congressional Review Act Cancellation in New Congress
Congressional Review Act Threat Looms Over Biden Administration Rulemakings
With the 2024 election rapidly approaching, the Biden Administration must race to finalize proposed agency actions as early as mid-May to avoid facing possible nullification if the Republican Party controls both chambers of Congress and the White House next year.
The Congressional Review Act (CRA) allows Congress to overturn rules issued by the Executive Branch by enacting a joint resolution of disapproval that cancels the rule and prohibits the agency from issuing a rule that is “substantially the same.” One of the CRA’s most unique features—a 60-day “lookback period”—allows the next Congress 60 days to review rules issued near the end of the last Congress. This means that the Administration must finalize and publish certain rules long before Election Day to avoid being eligible for CRA review in the new year.Continue Reading Congressional Review Act Threat Looms Over Biden Administration Rulemakings