Statutory Clarity and Judicial Review of Regulatory Impact Analysis

A common phenomenon in partisan politics is the periodic realignment of the parties’ positions as their electoral successes ebb and flow. For example, many conservatives who once decried the muscular interpretation of executive power taken by the Obama Administration have failed to raise similar objections to the equally aggressive approach pursued by President Donald J. Trump. And some liberals who once sought to centralize power in Washington have increasingly come to appreciate the virtues of federalism in a national government largely controlled by the Republican Party. Interestingly, one thing that has remained fairly consistent in the last decade or so is the parties’ respective positions on regulatory reform. Over the course of the Obama Administration, Republican legislators introduced hundreds of bills designed to rein in the power of executive agencies through enhancing oversight by the President, U.S. Congress, and the courts. Following President…

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