04/23/2020 - Student Work

Why Congress Should Repeal the Congressional Review Act

by Kevin Chen, JD 2020

The Congressional Review Act (CRA) authorizes Congress to quickly review and repeal agency rules. A future administration could work with Congress to nullify Trump-era rollbacks finalized toward the end of the administration. But in this paper, Kevin Chen, JD 2020, argues that “the CRA has emerged as a threat to sound administrative governance by expert agencies and should be repealed for five principal reasons.”

His arguments against the continued existence of the CRA are that it:

  1. Is a hazard to future regulation;
  2. Disregards the normal rulemaking framework established under the Administrative Procedure Act (APA), which is intended to promote reasoned decision-making;
  3. Threatens rule of law principles;
  4. Exacerbates partisanship in rulemaking; and
  5. Weakens the independence of independent agencies

See the full paper here.