New Report: With Assault on Safeguards, Trump Trounces Constitution, U.S. History

by James Goodwin | June 21, 2017

Today, Neomi Rao is likely to take one step closer to becoming the Administrator of the Office of Information and Regulatory Affairs (OIRA) – that is, the Trump administration's "regulatory czar" – with the Senate Homeland Security and Governmental Affairs Committee expected to favorably report her nomination to the Senate floor for a final confirmation vote. 

As detailed in an April 2017 CPR report on her nomination, Rao would arrive at her new position with little substantive expertise related to OIRA's work. (Evidently, her demonstrated commitment to the prevailing conservative anti-regulatory orthodoxy was the only real qualification that was needed.) But Rao still has some time to brush up on the big issues she will face as OIRA Administrator, and at the top her reading list should be The Twin Demons of the Trump-Bannon Assault on Democracy, a new report out today from Center for Progressive Reform (CPR) Member Scholar Joseph Tomain. 

In the new report, Tomain examines the fundamental legal weaknesses of two anti-regulatory executive orders that Trump has issued. Rao, as OIRA Administrator, would have the primary responsibility for implementing these orders. 

The first one, Executive Order 13771, directs agencies to repeal or weaken at least two existing rules for every new rule they wish to issue and to further ensure that the cost savings from the deregulatory actions at least offset any costs the new ...

New York Times Op-ed: Regulatory 'Reform' That Is Anything But

by William Buzbee | June 15, 2017
This op-ed originally ran in The New York Times. After decades of failed efforts to enact "regulatory reform" bills, Congress appears to be within a few votes of approving reform legislation that would strip Americans of important legal protections, induce regulatory sclerosis and subject agencies that enforce the nation's laws and regulations to potentially endless litigation. This is not reform. These bills would sabotage agency regulation with legislative monkey wrenches. Key compromises about agency power and procedures, worked out under ...

Chamber's Brief Lays Bare Crackpot Theory at Heart of Two-for-One Order

by Amy Sinden | June 15, 2017
I don't know what executive order the Chamber of Commerce is defending in the amicus brief it filed Monday in Public Citizen v. Trump. But it doesn't appear to be the one at issue in that lawsuit. The lawsuit charges that Trump's "one-in, two-out" executive order is unconstitutional. That's the order he issued in January requiring agencies to repeal two regulations for every one they issue. It requires agencies to make sure that the costs imposed by any new regulation ...

House Continues its Anti-Consumer Crusade, Attacking Patients' Rights

by Matt Shudtz | June 13, 2017
To call the timing coincidental doesn't give House Republicans enough credit. Tomorrow, while the fallout from Attorney General Jeff Sessions' testimony about his connections to Russia dominates most Capitol Hill news coverage, the House will vote on H.R. 1215, a bill designed to strip injured patients of their day in court. Last week, the same legislators voted to undermine the Consumer Financial Protection Bureau under the cover of James Comey's testimony about President Trump's ham-fisted attempts to interfere in the ...

Questions Arise as Senate Prepares to Take Up Nomination for Key Trump Regulatory Post

by Robert Verchick | June 06, 2017
Tomorrow, the Senate Committee on Homeland Security and Governmental Affairs will examine and likely vote on President's Trump's selection for Administrator of the Office of Information and Regulatory Affairs (OIRA). OIRA is the most important government office most Americans have never heard of. It is the depot through which all regulatory freight must pass, the place where ideas go to be sorted, weighed, green-lighted, or buried. It's the ganglia of the president's bureaucratic brain. At the center of those fluttering ...

The Depraved Indifference of Hollow Government

by Matt Shudtz | May 23, 2017
From the safety of Air Force One en route from Tel Aviv to Rome, President Trump dropped his FY 2018 budget on Washington, D.C., and sent OMB Director Mick Mulvaney to run point on the ground. They like to talk about it as a "hard power" budget. What they don't like to talk about are the consequences of unleashing such firepower on the American public. Make no mistake about it, this budget is the realization of several decades' travail by ...

Requiring Formal Rulemaking Is a Thinly Veiled Attempt to Halt Regulation

by Bill Funk | May 22, 2017
Originally published on The Regulatory Review by CPR Member Scholar William Funk. Professor Kent Barnett recently opined in The Regulatory Review that formal rulemaking really is not that bad and may actually be a good thing in certain circumstances. His argument deserves closer review because the proposed Regulatory Accountability Act (RAA) would require the equivalent of formal rulemaking—or what the bill calls a "public hearing." Barnett may well be right to suggest that in some situations the costs of formal rulemaking could ...

Ahead of Markup, CPR Member Scholars Voice Concerns over the Senate Regulatory Accountability Act

by James Goodwin | May 16, 2017
Today, 27 Member Scholars of the Center for Progressive Reform, leading academics who specialize in administrative law and regulatory policy, submitted a letter to Senate Homeland Security and Governmental Affairs Committee Chairman Ron Johnson and Ranking Member Claire McCaskill outlining their serious concerns with the Senate Regulatory Accountability Act. That bill is among several aimed at undermining our system of regulatory safeguards that are set to be marked up by the committee at its business meeting on Wednesday. Others set ...

Anything but Moderate: The Senate Regulatory Accountability Act of 2017

by James Goodwin | May 02, 2017
Today, Center for Progressive Reform Member Scholars and staff are releasing a comprehensive analysis of the Senate Regulatory Accountability of 2017 (S. 951), which Sens. Rob Portman (R-OH) and Heidi Heitkamp (D-ND) introduced last week. Our analysis explains how S. 951 would drastically overhaul the Administrative Procedure Act, which has successfully guided agency enforcement of public safeguards for over 70 years. A summary of the key findings of the analysis is also available.  The bill is the latest legislation to ...

Workers' Memorial Day: Honoring Fallen Workers, Fighting for Safer Jobs

by Katie Tracy | April 26, 2017
Every worker has a right to a safe job. Yet on an average day of the week, 13 U.S. workers die on the job due to unsafe working conditions. An additional 137 lives are lost daily due to occupational diseases – mesothelioma, lung cancer, asbestosis, among others.  On Friday – Workers' Memorial Day – we will stand with the families, friends, and colleagues of fallen workers to remember each of them as individuals whose lives represent much more than a ...

New CPR Project - CRA by the Numbers: The Congressional Review Act Assault on Our Safeguards

by James Goodwin | April 25, 2017
If Donald Trump has learned anything over the last 100 days, it's that unlike in golf, you can't call a Mulligan on the beginning of your presidency, no matter how much it might improve your score.  These last few months have been long on scandals and failure (Russian probes, the spectacular implosion of Trumpcare, etc.) and short on policy accomplishments, particularly in the legislative realm. This sad state of affairs has left Trump's PR team looking to inject some positive ...

New Report: Trump's New 'Regulatory Czar' and the Continuing Assault on Our Safeguards

by James Goodwin | April 20, 2017
As the clock ticked closer to the end of the work day a few Fridays back, the Trump administration quietly made an announcement certain to put smiles on the faces of many corporate interest lobbyists in and around the DC Beltway: Neomi Rao, a little known but very conservative law professor at George Mason University's Scalia Law School, would be the nominee for Administrator of the White House Office of Information and Regulatory Affairs (OIRA). The announcement probably went unnoticed ...

The Key Ingredient in Trump's Anti-Reg Two-for-One Executive Order? Fuzzy Math

by James Goodwin | April 12, 2017
Steve Bannon's crusade to deconstruct the administrative state took two big steps forward last week, concluding with Donald Trump nominating George Mason University Law School professor Neomi Rao as his "regulatory czar." CPR will publish a new report on the role of the Office of Information and Regulatory Affairs (OIRA) Administrator during the Trump administration in the days to come, but for now, I want to focus on the first big development: Acting Administrator Dominic Mancini's new memo providing agencies ...

Looking for Inspiration Outside the Beltway? See What's Happening in Maryland.

by Matt Shudtz | April 10, 2017
Thank goodness for state-level policymakers who are resisting the Trump administration's extreme policies. Attorneys general from around the nation are making headlines by fighting Trump's discriminatory immigration ban. Governors from both major political parties stood up to the attempt to strip away health care from millions of hard-working Americans and their children. And mayors and law enforcement officials are lifting up undocumented residents and recognizing their many contributions to our society, rather than assisting in the indiscriminate roundups Trump has ...

News and Observer Op-ed: Bill Would Weaken Neighbors' Ability to Be Compensated in Hog Farm Lawsuits

by Sidney Shapiro | April 05, 2017
This op-ed originally ran in the Raleigh News & Observer. The civil justice system in North Carolina exists to protect people and their property from unreasonable actions by others. One of the longest standing causes of action in civil courts is for nuisance claims, which allow you to bring suit when your neighbor creates a condition on their property that interferes with your ability to use and enjoy your property, such as excessive noise, poorly stored garbage that might attract ...

The GOP's Race to Repeal

by Matthew Freeman | April 04, 2017
This June marks the 75th anniversary of the Battle of Midway, the great sea battle that was the turning point of the war in the Pacific. The American victory over the Japanese at Midway, a tiny atoll literally midway between California and Japan, ended the period of expansion of Japanese-held territory in the Pacific. And so began the long, bloody march that led to Iwo Jima and Okinawa, and that eventually led American bombers to Hiroshima and Nagasaki. Last week, ...

CPR Scholars on the Nation's Opinion Pages

by Matthew Freeman | April 03, 2017
CPR Member Scholars published another bumper crop of op-eds this past month. We maintain a running list on our op-eds page, but to save CPRBlog readers a click or two, here's a quick rundown: On March 3, David Driesen had a piece in The Hill – that's a Washington, D.C., outlet aimed at the policy community – headlined, "Ruling by Decree." Driesen takes the president to task for issuing a series of executive orders aimed at undercutting duly enacted laws. "No ...

President's Reckless Budget Proposal Would Gut Agencies, Endanger Our Health and Environment

by Matt Shudtz | March 16, 2017
As part of a coalition of public interest organizations working toward a responsible federal budget that protects people and the planet, I released the following statement on President Trump's reckless budget proposal that guts the EPA, eliminates federal funding for the Chesapeake Bay cleanup effort, and more.  "The president's 'skinny budget' is a particularly apt description for a proposal that would leave crucial protector agencies too emaciated to safeguard our health, safety and environment. Whether it's pipeline inspectors to protect ...

Good Government

For democratic government to function properly, the people need to know what their government is doing in their name. That demands both transparency and honesty from government officials and agencies. In recent years, however, some in government have worked to shield their work from public inspection, and not just where national security is concerned.

The Depraved Indifference of Hollow Government

Shudtz | May 23, 2017 | Good Government

The Hill op-ed: Ruling by Decree

Driesen | Mar 07, 2017 | Good Government

No, They Don't, Mr. Pruitt

Glicksman | Mar 02, 2017 | Good Government

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