Key Takeaways:
- Republicans aim to use a rare law to overturn California’s ban on gas cars.
- The law could set a precedent for easier overturning of agency decisions.
- Democrats and experts warn of significant implications for future policies.
A Rare Move to Block California’s Gas Car Ban
Republicans in Congress are planning to use a rarely invoked law to challenge California’s ban on gas-powered cars. This move could set a precedent for how easily Congress can overturn decisions made by federal agencies.
What’s Happening?
California recently decided to phase out gas cars by 2035, following a waiver approved by the Biden administration. Republicans argue this decision should be treated as a federal rule, allowing them to overturn it using the Congressional Review Act (CRA). They believe the CRA applies here and are ready to take action.
What is the Congressional Review Act?
The CRA, created in 1996, gives Congress the power to overturn federal rules with a simple majority vote. It’s not often used, but its usage increased during Trump’s presidency. The law is significant because it allows quick action without the usual lengthy process and cannot be challenged in court.
Potential Impact Beyond Gas Cars
If successful, this move could change how Congress handles agency decisions. It might allow easier overturning of actions like pipeline approvals, mergers, and large infrastructure projects. This shift could significantly alter the power balance in Washington, making it easier for future Congresses to undo past decisions quickly.
Concerns from Democrats and Experts
Democrats and legal experts express worries about this approach. Senator Sheldon Whitehouse calls it “a bit of a mystery” and questions its legitimacy. Richard Revesz, a former official in the Biden administration, warns that using the CRA this way would be “acting lawlessly.” Jesse Cross, a former House attorney, sees it as another step in eroding the rule of law.
Uncertain Outcomes
It’s unclear if Democrats will challenge this move through the Senate parliamentarian, who decides if actions follow Senate rules. The outcome could further blur the lines of how much power Congress has over agency decisions.
A Broader Significance
This move goes beyond gas cars. It tests the limits of the CRA and could influence how future policies are made and unmade. The implications are vast, suggesting a shift in how Washington operates, especially when power changes hands.