No need for panic. All those BushCo “midnight regulations” can be repealed by statute, and should be.

No need for panic.

The right thing to do with all those BushCo “midnight regulations,” if they can’t be stopped by administrative action, is to repeal them by statute, returning the Code of Federal Regulations to the status quo ante. That doen’t require all the formalities of a new rulemaking. Yes, that law would be subject to filibuster, but I doubt the Senate Republicans will be unanimous in backing the least popular President since polling started against someone whose approval rating just hit 70.

Update A reader reminds me that disapproval resolutions under the Congressional Review Act are “privileged motions” which cannot be blocked by filibusters or other procedural shenanigans. What I don’t know is whether a single resolution could deep-six a whole list of regulations, or whether the rule is “one resolution, one regulation.” But that’s merely a technical problem. It seems to me that if we have the votes, we should go ahead and vote.

Author: Mark Kleiman

Professor of Public Policy at the NYU Marron Institute for Urban Management and editor of the Journal of Drug Policy Analysis. Teaches about the methods of policy analysis about drug abuse control and crime control policy, working out the implications of two principles: that swift and certain sanctions don't have to be severe to be effective, and that well-designed threats usually don't have to be carried out. Books: Drugs and Drug Policy: What Everyone Needs to Know (with Jonathan Caulkins and Angela Hawken) When Brute Force Fails: How to Have Less Crime and Less Punishment (Princeton, 2009; named one of the "books of the year" by The Economist Against Excess: Drug Policy for Results (Basic, 1993) Marijuana: Costs of Abuse, Costs of Control (Greenwood, 1989) UCLA Homepage Curriculum Vitae Contact: Markarkleiman-at-gmail.com