A Glide Path For Overturning Biden Regulations In The 119th Congress

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As detailed in numerous commentaries this year, federal rules and regulations that the Biden administration fails to finalize before the start of the final 60 legislative business days of the 118th Congress will be vulnerable to overturn in the 119 th — but only if the presidency changes hands.

The exact cutoff date marking the beginning of that window is still unclear but will likely fall between late spring and early summer.

The authority for any such revocations lies in the resolution of disapproval process established by the bipartisan Congressional Review Act of 1996.

Upon reflection, the CRA's impotence at subtracting from the torrent added was predictable, which might explain for the cynically minded why the law enjoyed such strong bipartisan support at passage. Still, the more than 200 attempts at CRA disapproval resolutions have served, as the George Washington University Regulatory Studies Center puts it, as messaging tools and as means to influence agency actions.

The recent 2024 Spring Edition Unified Agenda of Regulatory and Deregulatory Actions has exposed a surge in the "recently completed" category of major rules in the Biden administration this election year. The Agenda, which appears twice a year, shows that major rules completed jumped from 53 in fall 2023 to 97 in the new edition.

Having already implemented some big rules and presumably innoculated them from CRA overturn, the conventional thinking is that this late in the year, Biden may hold off on big proposals.

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