Key Takeaways:
– Republicans in Congress are using the Congressional Review Act to overturn Biden-era regulations.
– The law allows Congress to quickly repeal rules without senate filibusters.
– This tactic avoids meaningful policy debates and blocks future administrations from reinstating the rules.
– Critics call this a flawed way to check executive power.
Republicans Turn to a Little-Known Law to Undo Biden Rules
Republicans in Congress are under pressure from voters to hold the Biden administration accountable. Instead of using their main powers to create new laws or investigate, they’re relying on a lesser-known tool called the Congressional Review Act. This law lets them undo rules made by the previous administration quickly and quietly.
What Is the Congressional Review Act?
The Congressional Review Act, or CRA, was passed in the 1990s. It’s part of a push to reduce government regulations. The law allows Congress to overturn rules created by federal agencies within a certain timeframe. Once a rule is repealed, future administrations can’t bring it back.
For example, if Congress uses the CRA to repeal a banking rule, no future president can reinstate it. This makes the CRA a powerful but controversial tool.
How Does the CRA Work?
Here’s how it works: If Congress disagrees with a rule made by a federal agency, they can introduce a resolution to disapprove it. The resolution needs a simple majority in both the House and Senate. If it passes and the president signs it, the rule is erased.
The CRA is unusual because it bypasses the usual Senate filibuster rules. This makes it easier for Republicans to act without Democratic support.
Why Are Republicans Using the CRA Now?
During Barack Obama’s presidency, Republicans used the CRA to undo several of his regulations. The Biden administration tried to avoid this by finalizing most of its rules early, so the next Congress couldn’t use the CRA.
But a few rules were finalized too late. Republicans are now targeting one of them: a rule that limits how much banks can charge in overdraft fees. This rule, finalized recently, is still eligible for repeal under the CRA.
Critics Call the CRA a Weak Check on Power
James Goodwin, a regulatory expert, says the CRA is not a real way to balance power in government. He argues that instead of encouraging meaningful debate, the CRA lets lawmakers undo rules without offering better solutions.
“By design, CRA resolutions offer no guidance on what the rule should look like instead,” Goodwin writes. “This undermines Congress’s role in policymaking.”
Why the CRA Is Controversial
The CRA is controversial for a few reasons:
1. It Skips Debate: The CRA allows Congress to repeal rules without discussing their merits or flaws.
2. It Limits Future Action: Once a rule is repealed, no future administration can bring it back, even if circumstances change.
3. It Avoids Real Solutions: Instead of creating new policies, lawmakers are focused on undoing old ones.
The Impact of the CRA
The CRA has been used over a dozen times to undo Obama-era rules, mostly on environmental and labor protections. Now, Republicans are aiming to use it again to roll back consumer-friendly regulations.
For instance, the rule on overdraft fees aims to protect consumers from high bank charges. Repealing it could cost consumers millions of dollars.
A Debate Over Power and Policy
Some argue that the CRA is a way for Congress to reassert its authority over the executive branch. But critics, like Goodwin, say it’s the wrong approach.
“Congress should focus on using its real powers to create better policies,” Goodwin says. “The CRA is just a quick fix that doesn’t solve anything.”
What’s Next?
Republicans are likely to keep using the CRA as long as it’s an effective way to undo Biden-era rules. But critics hope Congress will focus on creating new laws rather than just repealing old ones.
In the end, the debate over the CRA is about how Congress should balance its power with the executive branch. While the CRA offers a quick way to undo rules, it doesn’t help lawmakers create better policies for the future.
This approach to governance raises important questions about how Congress should use its authority. While the CRA provides a fast way to overturn rules, it doesn’t encourage meaningful dialogue or innovation. As the debate continues, one thing is clear: the way Congress uses its power will shape the rules that affect everyday Americans.