Process

What Does the CFPB’s Mass Guidance Withdrawal Mean? Not Much

What Does the CFPB’s Mass Guidance Withdrawal Mean? Not Much

A federal consumer protection agency’s withdrawal of numerous guidance documents will have little legal effect.

Repealing Without Procedure

Repealing Without Procedure

Executive orders to repeal rules and redefine “showerhead” contain a jarring assertion of presidential authority.

Storytelling, Rulemaking, and de Tocqueville

Storytelling, Rulemaking, and de Tocqueville

Receiving stories in agency rulemakings is integral to American democracy.

When Is an Independent Agency Independent?

When Is an Independent Agency Independent?

A new executive order may eliminate the independence of independent regulatory agencies.

The Man Behind the Trump Deregulatory Throne

The Man Behind the Trump Deregulatory Throne

Russell Vought’s influence on the second Trump Administration cannot be ignored.

Amid the Norm Smashing, Some Durability Remains

Amid the Norm Smashing, Some Durability Remains

President Trump has issued dramatic deregulatory executive orders, but some normalcy remains.

Regulatory Benefit-Cost Analysis Under the Trump Administration

Regulatory Benefit-Cost Analysis Under the Trump Administration

President Trump’s deregulatory push will strain benefit-cost analysis.

On Direct Exercises of Presidential Power

On Direct Exercises of Presidential Power

Myriad questions surround the role of Congress and the Supreme Court in checking presidential power.

President Trump’s First 100 Days of Deregulation

President Trump’s First 100 Days of Deregulation

Scholars examine the pace and potential impact of President Trump’s first 100 days.

Time Will Tell

Time Will Tell

Our system of checks and balances moves slowly—but hopefully effectively.

Could the Major Questions Doctrine Limit Reciprocal Tariffs?

Could the Major Questions Doctrine Limit Reciprocal Tariffs?

President Trump’s executive orders on reciprocal tariffs likely exceed his statutory authority.

A Sweeping History of Regulation

A Sweeping History of Regulation

The Trump Administration may defy the lessons that Graham draws from his robust history of regulatory review.