How Republicans Are Flouting the Rules of the Congressional Review Act

[Passages]

Republicans want to expand the CRA into much of what the executive branch does. They may live to regret that.

by Emma Janssen April 3, 2025

The Congressional Review Act (CRA) is a sort of legislative loophole that gives Congress the power to nullify recent federal regulations by a majority vote. Because CRA resolutions avoid the legislative filibuster, it’s one of the few types of congressional actions that can regularly pass in this polarized era. Of the four pieces of legislation Donald Trump has signed into law this year, two have been CRA resolutions, and another six, including two involving Consumer Financial Protection Bureau regulations, are on the verge of passage.

Perhaps for this reason, Republicans are looking to expand the types of agency actions they can put up for CRA review, a move that would massively expand the scope of the law. But if Republicans follow through with this, it could actually backfire, handing Democrats leverage and allowing liberals to use the law for their own policy goals whenever they get back into power.

The CRA was passed in 1996 to empower congressional oversight of federal rulemaking, and is currently being used by Republicans to overturn Biden-era rules on the environment, banking, and more. Once a federal regulation is overturned by a CRA resolution of disapproval and receives the president’s signature, it is gone for good: The rule becomes null and void, and the government is prohibited from publishing any “substantially similar” rule in the future. What’s more, the CRA bars judicial review, giving Congress the final word in a rule’s overturning.

SNIP
In a letter urging congressional leadership not to abuse the CRA in this way, 80 advocacy groups including the AFL-CIO and the Center for Sensible Safeguards wrote that this could open the door to resolutions of disapproval against “energy infrastructure permit approvals, approvals of corporate mergers, or approvals of particular drugs … This means open season on the commonsense safeguards that keep us safe and healthy.”

https://prospect.org/politics/2025-04-03-republicans-flouting-rules-congressional-review-act/

Note how the cons are always behind every effort to undermine safety and trust for Americans.

[MichMan]

1. There was widespread support here the last few years on getting rid of the filibuster for being anti democratic

Don't hear much about it anymore.