THE WHITE HOUSE’S argument that agencies can summarily rescind regulations they consider unlawful — skipping over a notice-and-comment period — relies on a novel view of procedural law that goes beyond what courts have historically allowed, Robert Iafolla reports.
- President Donald Trump directed agencies to review their existing regulations against 10 US Supreme Court decisions that “recognize appropriate constitutional boundaries on the power of unelected bureaucrats and that restore checks on unlawful agency actions.” Agencies should then eliminate those that are unlawful based on those rulings, Trump said in an April memo that fleshes out an earlier executive order.
- The ...
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