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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.
“If they haven’t reported it to Congress, it can now be challenged,” says Paul Larkin, a senior legal research fellow at the Heritage Foundation. Mr. Larkin, also at Wednesday’s meeting, told me challenges could be leveled against any rule or guidance back to 1996, when the CRA was passed. 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 Trump simply rescinded them.
More winning.
I heard a report on Rush (I think) with Buck Sexton, and a woman who had written a book on the topic.
It looks like, due to incompetence of the Obama Departments and agencies, that much of the weird “rule-making” can be undone in a matter of hours, and prohibited forever.
Talk about “over-reach”.