The Application of the Congressional Review Act to Recent Trump Administration Rulemakings

Last Updated: January 29, 2021

Congress can fast-track reversal of rulemakings from the Trump Administration under the Congressional Review Act. However, only certain rules are eligible for this process, and Congress has a narrow window to use it. Moreover, the Congressional Review Act includes a prohibition on the promulgation of rules that are substantially similar to those that are overturned through the Congressional Review Act process. Therefore, whether to deploy the Congressional Review Act in any individual case calls for careful consideration.