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In a surprising turn of events, the Biden administration has failed to meet a crucial deadline set by the previous administration, potentially allowing several controversial Trump-era policies to remain in effect.
The deadline in question was part of the Congressional Review Act (CRA), a law that grants Congress the power to overturn recent federal regulations implemented by the executive branch. Under the CRA, the current Congress had until May 19th, 2024, to undo any regulations finalized during the last 60 legislative days of the previous Congress, which spanned from August 2023 to early January 2024[1].
This “Trump-proofing” window was seen as a critical opportunity for the Biden administration to systematically dismantle a wide range of last-minute policies enacted by the former president, many of which were viewed as controversial and ideologically driven.
Among the rules that could potentially remain in place due to the missed deadline are:
- Stricter immigration policies, including tighter asylum restrictions and heightened vetting procedures[2].
- Rollbacks of environmental protections, such as easing regulations on methane emissions and weakening fuel efficiency standards[3].
- Changes to labor laws, including provisions that make it harder for workers to unionize and challenge unfair labor practices[4].
The reasons behind the administration’s failure to act before the deadline remain unclear. According to sources within the White House, the sheer volume of rules implemented during the final months of the Trump presidency made it difficult to prioritize and address each regulation within the allotted timeframe[5].
We knew this was a monumental task, but we underestimated the sheer volume of last-minute regulations pushed through by the previous administration,
said a White House official who spoke on condition of anonymity.
Unfortunately, we couldn’t get through them all before the deadline.
Critics, however, argue that the administration should have made the Trump-proofing effort a higher priority, given the potential long-term implications of allowing these policies to stand.
This is a colossal missed opportunity,
said Senator Elizabeth Warren (D-MA), a vocal critic of the Trump-era regulations.
These rules were designed to undermine worker protections, environmental safeguards, and basic human rights. By allowing them to remain in place, the administration is effectively endorsing the previous administration’s agenda.[6]
Others have pointed out that the missed deadline is not necessarily the end of the road for reversing these policies. The Biden administration can still pursue the traditional rulemaking process to repeal or modify the regulations, though this route is often more time-consuming and subject to legal challenges.
As the dust settles on this development, one thing is clear: the battle over the Trump administration’s regulatory legacy is far from over. The missed deadline may have handed a temporary victory to those seeking to preserve the former president’s policies, but the broader ideological clash over the role of government and the direction of the country continues to rage on.
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