With the Biden administration rushing to put key regulations in place outside the period an incoming Congress could quickly vote to overturn them, Bracewell’s Joseph Brazauskas discussed with The Wall Street Journal the hurdles a Trump administration could face if elected this November.
With only one term left to serve before hitting the constitutional limit, a second Trump administration would have to be selective about which regulations it spends time repealing and replacing, said Brazauskas.
“They are going to have to pick and choose,” Brazauskas added. “Undoing all of Biden’s regulations in four years would be quite a tall order.”
The Congressional Review Act would have offered an incoming Trump administration the easiest route for rolling back those regulations. Since Biden’s regulators completed three high-profile rules early, including the power plant rule, a second Trump administration would be forced to undergo a lengthy process of repealing and replacing them.