Key Takeaways:
– In late December, the Biden administration pulled back seven proposed rules receiving significant public criticism.
– The withdrawn rules dealt with issues like male participation in girls sports, birth control coverage exemptions, and federal funding for pregnancy resource centers.
– Following these withdrawals, conservatives are celebrating victories in these areas.
– The rejected rules could be resubmitted if and when Democrats regain control of Congress and the presidency.
Biden Administration Shelves Seven Proposed Rules
Critics of the liberal side of the political spectrum gave a sigh of relief when the Biden administration withdrew seven far-left policy proposals last December. These rules, which raised alarm among several conservatives, would have touched on sensitive topics including male participation in teenage girls sports and religious exemptions for birth control coverage.
Celebrating Conservative Triumphs
The withdrawals represent major victories for conservative individuals and groups. These individuals and groups took the initiative to voice their concerns through public comments against the proposed rules. They believed that enforcing the rules would lead to a reduction in federal funding for pregnancy resource centers and several other unfavorable implications.
Rachel Morrison, a fellow at the Ethics and Public Policy Center, voiced that these withdrawals represent wins for the individuals who opposed the rules. This means that what she referred to as ‘bad policy proposals’ by the Biden administration will not be enforced.
Maintaining Freedom for Future Proposals
By retracting the regulations, the Biden administration could be paving the way to resubmit them should Democrats be back in control of Congress and the presidency in the future. The Congressional Review Act allows Congress to nullify finalized rules at the end of an administration. If the Biden administration had finalized these rules, a Republican-majority Congress could have vetoed them, and Democrats would be barred from submitting the same rules subsequently.
Policies on the Retraction List
Among the withdrawn rules was one that would have insisted schools receiving federal aid allow boys and men to participate in girls and women’s sports if they claim to identify as the opposite sex. The regulation received over 150,000 comments from both advocates of biological sex and pro-transgender individuals who believed the rule did not go far enough.
Another shelved rule would have required any employer claiming exemption to the Affordable Care Act’s contraception mandate based on ‘non-religious moral objections’ to provide coverage for a wider range of birth controls. The Biden administration also decided to rethink their proposal that would disallow states from sending federal funds intended to prevent out-of-wedlock pregnancies to pregnancy resource centers.
A projected change that aimed to repeal a Trump-era rule safeguarding religious student groups in public universities from interference by the school was also among the withdrawals. The Free Inquiry Rule, introduced by the Trump administration, prevented public colleges and universities from denying religious student organizations any right or benefit due to their religious beliefs.
A withdrawn Department of Labor proposal would have implemented diversity, equity, and inclusion requirements on the Registered Apprenticeship Program. Finally, the administration retracted two proposed regulations from the State Department that would have prohibited discrimination based on ‘sex,’ ‘gender,’ ‘gender identity or expression,’ and ‘sex characteristics’ in foreign assistance.
Regardless of the rationale behind the withdrawals, they are considered a success for conservatives as it prevents these far-left rules from being adopted.
Looking Forward
While debate around these heavily criticized proposals continues, this move by the Biden administration might be a reflection of time pressure as much as it indicates ideological shifts. As a part of the rulemaking process, the administration is required to respond to every individual critical comment, a time-consuming endeavor. By withdrawing these rules, it can focus efforts towards other areas and ensure future proposals receive full analysis and public debate.