The new White House memo highlighting the top 10 Supreme Court rulings that federal agencies must follow include legal experts optimistic about the restraint of administrative states, but some litigators are skeptical and the directive will be enforced.
“An administration that really cares about ensuring that it’s following the law should look into regulation,” Carrie Severino, president of Judicial Crisis Network, told Fox News Digital. “We want a government that wants not only to take all the power that can escape, but also to be protected by constitutional limits. That’s why this memorandum is refreshing and innovative.”
On April 9, the administration issued a memorandum requiring agencies to withdraw regulations that are not in line with the opinions of the 10 recent Supreme Courts on the functioning of appropriate administrative bodies.
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The memo entitled “President Donald J. Trump has directed the abolition of illegal regulations based on 10 recent Supreme Court decisions,” says it is in line with a February executive order seeking to curb administrative states.
The memo lists various Supreme Court cases in line with Trump’s deregulation agenda and the administration’s efforts to remove the DEI initiative. Among the cases listed are Loper Bright Enterprisesv. Raimondo, West Virginia vs. EPA, and Harvard College’s Fair Admissions, Inc. v. There are students from Presidentand Fellows for Harvard College.
The memo entitled “President Donald J. Trump has directed the abolition of illegal regulations based on 10 recent Supreme Court decisions,” says it is in line with a February executive order seeking to curb administrative states. (Pool)
Both Loper Bright and West Virginia have significantly narrowed the enforcement authority in issuing rules and regulations affecting Americans. Similarly, students with fair admissions refused to use positive behaviors in university admissions.
“The president is right. The agency must abolish regulations that the Supreme Court deems illegal. The president continues to carry over his promise to roll back regulations and the government will take over American businesses,” White House spokesman Taylor Rogers told Fox News Digital in a statement.
Some of the cases listed are not retrospective. That is, regulations issued before these decisions are taken over will not be obstructed as a result of opinions. However, experts say that institutions can reevaluate previous rules and regulations under new standards imposed by the Supreme Court opinion.
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“I think it’s a good feed and a good basis for many institutions to look back. “And when you can refer to these elephants and mice holes and are reviewed in the future, they’ll say, ‘Yes, that’s a good rationale,’ and that’s supported. ”
Kara Rollins is an attorney for the New Civil Liberties Alliance, a nonprofit organization that argued for Commerce Dept. before the High Court. Rollins told Fox News Digital that the “retrospective brook” that these agencies take towards previous regulations is not “misplaced.”
“The president is right. The agency must abolish regulations that the Supreme Court deems illegal. The president continues to carry over his promise to roll back regulations and the government will take over American businesses,” White House spokesman Taylor Rogers told Fox News Digital in a statement. (via Andrew Caballero-Reynolds/AFP Getty Images)
However, Rollins raised concerns about the administration’s enforcement of the administration’s directives, noting that several related cases were already ongoing before the Supreme Court issued a ruling.
“What happens to these cases where DOJs and agencies are just taking the wrong position?” Rollins said. “Who is looking at it? Who’s going to clean up those cases and in light of this memorandum, we are looking at the lawsuit’s position and saying we can no longer maintain it?
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As a litigator, Rollins said her concern is that the agency has not yet changed its position regarding these Supreme Court opinions.
In the memo, Trump directs agencies to adopt “a “legitimate cause” exception to the Management Procedure Act” when necessary. The usual process requires time for public input on the proposed rules.
The memo lists various Supreme Court cases in line with Trump’s deregulation agenda and the administration’s efforts to remove the DEI initiative. Among the cases listed are Loper Bright Enterprisesv. Raimondo, West Virginia vs. EPA, and Harvard College’s Fair Admissions, Inc. v. There are students from Presidentand Fellows for Harvard College. (Olivier Douliery/AFP via Getty Images)
Huff said the “low need” to impose a rulemaking process for regular notifications and comments, given that the agency is likely to review the previous rules rather than passing on new rules.
“They’re not putting on a new burden. This isn’t new to people,” Huff said. “People already know what’s there and it was there before. And we’re just putting the clock back in. We’re putting it back in. We’re restoring the original status quo.”
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Severino said there could be a lawsuit over the use of exceptions despite the fact that the language is “very broad.”
“But I think there’s a strong argument because the law must maintain constitutional restrictions on the government and of course be in the public interest.”
