There are two main areas in which Congress can enact meaningful reform. The first is to rein in regulatory guidance documents, which we refer to as “regulatory dark matter,” whereby agencies regulate through Federal Register notices, guidance documents, and other means outside standard rulemaking procedure. The second is to enact a series of reforms to increase agency transparency and accountability of all regulation and guidance. These include annual regulatory report cards for rulemaking agencies and regulatory cost estimates from the Office of Management and Budget for more than just a small subset of rules.
In 2019, President Trump signed two executive orders aimed at stopping the practice of agencies using guidance documents to effectively implement policy without going through the legally required notice and comment process.
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Regulatory Reform in the 118th Congress: Separation of Powers Restoration Act
The separation of powers is a key aspect of American government. To decentralize power and ensure checks and balances, the Founders divided the federal government…
City Journal
Roll It Back
Medicaid, the federal-state entitlement for the poor, now provides health insurance to more than one in four Americans. Enrollments surged after the Affordable Care Act…
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This Week in Ridiculous Regulations
An Executive Order from the Biden administration made some of the biggest system-level regulatory changes in years. It raises the threshold for “economically significant”…
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Who Cares About the Consumer?
Electricity consumers beware! The so-called-stimulus bill includes provision for something called “decoupling.” E&E Daily reports: Also included in the final version is a requirement that…
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Wyeth v. Levine: Policy Arguments Regarding Preemption
The Wyeth v. Levine case presents a narrow set of facts in which the Food and Drug Administration had, for many years, known about the…
Blog
Preemption in Wyeth v. Levine: Broader Implications
The legal arguments of the parties, and the incremental approach typical of the Supreme Court, strongly suggest that the Court will issue a narrow legal…
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Uber-Attorney Bert Rein to Guest Blog on Federal Preemption Case
Back in November, I wrote about the pending Supreme Court case Wyeth v. Levine, the decision in which will have a huge impact on the…
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What unlimited government means to you.
Ran across this excerpt from a Wall Street Journal piece that I thought I’d pass along. And this was before the Anti-Stimulus added…
Blog
Coming to a Pharmacy Near You: One Size Fits All
Tucked away in the stimulus bill is $1.1 billion to fund a new agency modeled after the UK’s NICE, which has repeatedly denied Brits access…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- Antitrust
- Business and Government
- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
- Aviation
- Business and Government
Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment