Experts predict that President-elect Donald Trump will take aim at federal agencies and Biden-era regulations after calling for deregulation of the administrative state.
“First of all, on the first day [Trump’s] “Once the president takes office, he will issue a slew of executive orders directing government agencies to review administrative regulations and determine whether they should remain, amend, or be repealed.” Robert Glicksman, JB, Maurice C.・Said Shapiro, professor of environmental law (George Washington University). University School of Law told Fox News Digital.
Mark Chenoweth, president of the New Civil Liberties Union, specifically pointed to the Biden-era regulations, telling Fox News Digital that they could be on the verge of being imposed once President Trump takes office. “The Biden administration did a number of things that lacked statutory authority” entirely. “
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Chenoweth noted that the Biden administration is already the target of lawsuits over its regulations, and said if President Trump were to implement them, “I think it would be a great success.”
President Trump has already vocally announced his intention to reduce the powers of federal agencies and reduce the flow of federal funds. The president-elect also announced the nominations of Elon Musk and Vivek Ramaswamy to head the Department of Government Efficiency (DOGE).
According to President Trump's transition team, the organization will function as an advisory board rather than a government agency, and will recommend ways to dismantle government bureaucracy and reorganize federal agencies to reduce costs and increase efficiency. That's the purpose.
Experts predict that President-elect Donald Trump (right) will take aim at federal agencies and laws after calling for deregulation of the administrative state. (Steven Maturen/Getty Images)
Regarding DOGE, Glicksman said the Trump administration will “certainly take seriously” DOGE's guidance on “reducing regulations, streamlining enforcement agencies, and in some cases eliminating some agencies.”
Chenoweth and Glicksman said they can expect labor regulations to become a target in January. Glicksman said climate change and environmental regulations could also be blamed.
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“In the labor field, because [the Biden administration has] They were very radical, and much of what they did was far beyond the legal authority given to the NLRB or the Department of Labor. So that's one area I could have predicted,” Chenoweth said.
President-elect Donald Trump announced on Tuesday, November 12, 2024, that Elon Musk (left) and Vivek Ramaswamy (right) will lead the Department of Government Efficiency. (Getty Images)
Similarly, in June of this year, the U.S. Supreme Court ruled in Roper Bright, overturning the Chevron doctrine. This principle previously respected agencies' interpretations of federal regulations. In its decision, the Supreme Court held that “courts must exercise independent judgment in determining whether a government agency acted within the scope of its statutory authority,” effectively Administrative authority was reduced.
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Chenoweth, whose organization sued on the issue, praised the Roper-Bright decision, saying it “goes back to giving power to Congress rather than the executive branch.”
“Over the past 40 years, the administrative state has boomed because of its ability to write laws and create laws itself when there are gaps and ambiguities in the laws,” Chenoweth said. “Now they won't be able to do much of that, so if they need reform in an area or new legislation, they'll push it back to Congress.”
But Glicksman said Roper Bright could instead “boomerang” against the Trump administration.
“If Chevron had been effective, it would have been the Trump administration's efforts that would have benefited from deference to Chevron, but that is not the case now,” Glicksman said. “As a result, courts are likely to take a harder look at, or apply greater scrutiny to, the Trump administration's efforts in administrative law matters than they would have had the Roper-Bright decision not been issued.'' .”
In June of this year, the U.S. Supreme Court ruled in Roper Bright, overturning the Chevron theory. (Getty Images)
Glicksman said he could expect to see such legal issues play out, especially in the Fifth Circuit Court of Appeals, where decisions tend to be conservative. Similarly, Glicksman predicts Democratic-led challenges will emerge in the 9th Circuit and the D.C. Circuit.
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“The fact that blue states, led by California, are challenging these regulations from the Ninth and D.C. Circuits, which are perhaps more agency-friendly than the Fifth and other circuits, is I think you get it: Litigation bias,” Glicksman said.
Chenoweth said the circuit in which the lawsuit is initiated likely won't make much of a difference because many of the Biden-era regulations “lacks authority.”
