Monday, January 30, 2017

Political Fatman?

From the Wall Street Journal comes a fascinating account of the means by which Obama's scofflaw rules and regulations might be unwound.

In some respects, the device to be used could be compared with the bomb Truman dropped on Nagasaki.  It was named Fatman.

Our modern day political Fatman is none other than the innocuous sounding Congresional Review Act, passed in 1996, which allows a simple majority in Congress to overrule regulations or 'guidance' made by way of executive order and not yet ratified by Congress.

The writer, Kimberley Strassell, points out that this Act can be used retrospectively to cover rules and regulations going right back to 1996 and that the Republicans already have their short list of first
cabs off the rank.

(Paywall)
Here’s how it works: It turns out that the first line of the CRA requires any federal agency promulgating a rule to submit a “report” on it to the House and Senate. The 60-day clock starts either when the rule is published or when Congress receives the report—whichever comes later....

..... There are rules for which there are no reports. And if the Trump administration were now to submit those reports—for rules implemented long ago—Congress would be free to vote the regulations down.......
.......challenges could be leveled against any rule or guidance back to 1996, when the CRA was passed.......

.....There’s more. It turns out the CRA has a expansive definition of what counts as a “rule”—and it isn’t limited to those published in the Federal Register. The CRA also applies to “guidance” that agencies issue. Think the Obama administration’s controversial guidance on transgender bathrooms in schools or on Title IX and campus sexual assault. It is highly unlikely agencies submitted reports to lawmakers on these actions......

.....The best part? Once Congress overrides a rule, agencies cannot reissue it in “substantially the same form” unless specifically authorized by future legislation. The CRA can keep bad regs and guidance off the books even in future Democratic administrations—a far safer approach than if the Mr. Trump simply rescinded them.


Obama's legacy will sink faster than the Titanic.

If the Republicans have any brains, they will include a few of Dubbya's more dubious efforts in the mass overruling, just for political cover.

Then stand back and watch the Democrats and their lunatic media friends scream.

One wonders what they will do to surpass their last effort when thousands of women dressed up as c***s for some march or other.

3 comments:

Angry Tory said...

It would take too long to rescind each regulation individually.

GOP House and Senate have already passed and reconciled a bill enabling TRUMP to repeal and any all of Obama's regulations by fiat. Awaiting TRUMP's signature but not for long.

" "Define your objectives clearly, and move towards them in quantum leaps, otherwise the interest groups will have time to mobilise and drag you down" - Roger Douglas.

"You are not to leave even one person alive..." Deut 20:16

The D'RATS and leftists have absolutely no idea what has hit them already, what is going to hit them tomorrow, and the next week and the next week and the next week. They are hold below the waterline and about to drown.

If the GOP and TRUMP keep their nerve, there will never be another D'RAT government in the US again.

Anonymous said...
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paul scott said...

Thanks for that information Adolf. Also Angry Tory. I was not sure how Trump could overcome the drag down effect. The way this is presented means the pyjama boy liberals and identity genders won't know what to sing and scream about from day to day.