Laying Down the Law on Rule Delays

Since the Reagan Administration, it has become commonplace for new presidential administrations, in one of their first official acts after inauguration, to freeze at least some pending regulatory actions of the prior administration. These freezes have been of varying breadth and have taken varying forms. The Trump Administration’s regulatory freeze was notable for its sweeping scope and blunderbuss execution. In the early months of President Donald J. Trump’s presidency, agencies delayed many dozens of final rules issued in the Obama Administration, often with little explanation other than that a new President had been elected and he wanted the agencies to revisit existing regulations. Before the Trump Administration, there was surprisingly little law on agencies’ power to delay the effectiveness of final rules. A small cohort of judicial decisions came out of the Reagan years, and a handful of cases emerged from subsequent administrations. These decisions,…

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