Posts Tagged ‘regulation and its reform’

Trump’s regulatory reform

Cass Sunstein, who headed up regulatory review under President Obama, is favorably impressed with the attention to detail of a document that helped flesh out President Trump’s recent executive order on regulation. [Bloomberg] “Other countries have gone much further than Trump’s ‘two-for-one’ order, without any ill effect.” [Hans Bader, CEI; Ryan Bourne, Cato] For 2-for-1 deregulation to work, maybe agencies should get transferable reduction credits to sell to each other [Daniel Takash and Nick Zaiac, The Hill] “Regulatory Reform: A new approach for the Trump era” [Christopher DeMuth Sr., The Weekly Standard via Michael Greve]

More on the fast Trump pace on deregulation in this new Cato podcast in which Caleb Brown interviews Susan Dudley and Peter Van Doren:

Bonfire of the Obama regs: the Congressional Review Act

“The revival of Congressional activity under the CRA is a welcome development and shows that Congress is taking seriously its responsibilities both as ultimate lawmaker and in oversight of federal agencies,” said Olson. I’m quoted among other regulation-watchers [Aileen Yeung, Western Wire] More on the belated vitality of the Congressional Review Act: Brian Mannix/Law and Liberty; Kim Strassel/WSJ; Paul Larkin/Heritage.

Witching hour for midnight regulations

There’s hope for stopping some of the regulations that the Obama administration began dropping in its last months before heading out the door, including the arguably worst of all, overtime for mid-level workers, now blocked by a federal judge in Texas [Kathy Hoekstra/Watchdog, McClatchy, Brittany Hunter/FEE; Virginia Postrel (“Not every workplace is, or aspires to be, the civil service. Not every worker longs to be on an assembly line.”)]

October 26 roundup

  • Fuller investigation of that “reputation management” ruse of filing dummy court cases with the aim of getting critical web posts taken down [Eugene Volokh and Paul Alan Levy, Levy first and second followups, earlier here and here]
  • “When Civic Participation Means Shaming A Non-Voter’s Kid” [my Cato post about an ill-considered public service announcement]
  • Why America’s regulation problem is so intractable: Fortune magazine cover story [Brian O’Keefe]
  • El Paso benefits from immeasurable advantage over neighboring Juarez, Mexico: rule of law and related American cultural attitudes [Alfredo Corchado, City Journal]
  • Tort litigation in Pennsylvania is at its most intensive in a few counties, and residents pay the price [Peter Cameron, Scranton Times-Tribune, I’m quoted]
  • California AG Kamala Harris orders BackPage execs arrested; Section 230 be damned? [TechDirt]

October 19 roundup

  • “Nobody wanted to vote ‘against’ 9/11 families in an election year.” Which led to a series of absurd consequences when Congress took up Justice Against Sponsors of Terrorism Act, or JASTA [Lowering the Bar, earlier here, here, etc.]
  • Cute: animal rights group ambushes Orthodox with legal action on eve of Yom Kippur [Scott Greenfield citing Josh Blackman account]
  • “Can U.S. Presidents Much Affect the U.S. Economy?” If so, it might be through regulatory burdens [David Henderson]
  • Suit had much publicity but nearer to zero merit: Connecticut judge dismisses suit against gun manufacturer over Sandy Hook school shooting, citing PLCAA (Protection of Lawful Commerce in Arms Act) [Hartford Courant]
  • Did spate of violation-finding against local property owner proceed from retaliatory motives? “Councilman Says California City Used Code Enforcement as Payback” [Lompoc, Calif.; Matt Powers, Institute for Justice]
  • Local man discusses third parties’ role in the national election [Frederick News-Post podcast, 37:09, I’m interviewed by reporters Danielle Gaines and Jeremy Bauer-Wolf; related article]

“I’ve got a pen and I’ve got a phone”: Obama’s regulatory rush

An unprecedented volume of rulemaking by the Obama administration, at a pace of one major rule every three days, will soon be followed by an even more intense binge of the “midnight” regulation seen at the end of many presidential tenures. Sam Batkins of American Action Forum and Sofie Miller of George Washington University Regulatory Studies Center, authors of two recent papers on the subject, discuss in a Federalist Society podcast moderated by Hoover’s Adam White. More: binge of Obama labor regulation will cost economy $80 billion over ten years [Ike Brannon and Sam Batkins for NAM]

Could the White House be “tyrant-proofed”?

How would one go about “tyrant-proofing” the U.S. presidency, after years in which many were happy to cheer the expansion of White House power so long as the office was held by someone *they* liked? Key point in Ben Wittes’s 3-part series at Lawfare: the hardest to tyrant-proof are not the extraordinary and covert national security powers held by the chief executive, but the everyday powers over the Department of Justice and regulatory agencies [parts one, two, three].

More: Neither Donald Trump nor his progressive opponents have shown themselves loyal to the principle of the rule of law [John McGinnis, Liberty and Law] Nature of the Presidency lends itself to authoritarianism and despite retrenchment under Coolidge and Ike, that’s been the trend for a century or more [Arnold Kling] And quoting William & Mary lawprof Neal Devins: “A President Trump could say, ‘I’m going to use the Obama playbook’ and go pretty far.” [Marc Fisher, Washington Post] And: Tyler Cowen on FDR, McCarthy, the politics of the 1930s-50s, and “our authoritarians” versus “their authoritarians.”

An agency authorized to propose rescinding other agencies’ regulations?

Missed this post by Mike Rappaport back in December based on an idea he describes in Cato’s Regulation:

The idea is to establish an administrative agency with the power to deregulate – to identify undesirable regulations passed by other agencies and to repeal those regulations. … For example, this deregulatory agency could identify an environmental regulation that is particularly problematic and attempt to repeal it. Ultimately, the EPA might object to this action and the President would have to decide the matter. If Presidents, including pro-regulation Presidents like Obama, get to decide the issue, would the deregulatory agency have any effect?

The likely answer to the final question is “yes, at least at the margins” because every administration, from the most to the least regulatory in its instincts, is the scene of internal debates, and such an agency would probably work to strengthen the hand of regulatory skeptics even if it did not win all of its inter-administration battles.