The memo, titled, "President Donald J. Trump Directs Repeal of Regulations That Are Unlawful Under 10 Recent Supreme Court Decisions," says it is in line with a February executive order seeking to rein in the administrative state. (Pool)
Both Loper Bright and West Virginia notably narrowed executive agencies' authority in issuing rules and regulations affecting the American public. Likewise, Students for Fair Admissions rejected the use of affirmative action in university admissions.
"The President is right: agencies must repeal regulations that the Supreme Court has deemed unlawful. The President continues to deliver on his promises to roll back regulations and government overreach crippling American enterprise," White House spokesperson Taylor Rogers told Fox News Digital in a statement.
Several of the cases listed are not retroactive, meaning regulations issued prior to these decisions being handed down will not be disturbed as a result of the opinions. However, experts say agencies can re-evaluate previous rules and regulations under the new standards imposed by the Supreme Court opinions.
"I think that that is good fodder, a good basis for a lot of agencies to go back and look, ‘Where have we created massive regulatory compliance burdens and structures that massively impact the economy or society on the basis of a very thin thread and where can we undo it?'" Daniel Huff, senior legal fellow at the American Path Initiative, told Fox News Digital. "And we can point to these elephants and mouse holes and when it's reviewed in the future, they will say ‘Yes, that is a good rationale’ and it will be upheld."
Kara Rollins is a lawyer for the New Civil Liberties Alliance, the nonprofit organization that argued Relentless Inc. v. Dept. of Commerce in front of the high court – Loper’s companion case that sought to scale back the reach of the administrative state. Rollins told Fox News Digital the "retrospective look" these agencies will take toward previous regulations is not "misplaced."
The memo lists various Supreme Court cases aligned with Trump's deregulatory agenda as well as the administration's efforts to get rid of DEI initiatives. Among the cases listed are Loper Bright Enterprises v. Raimondo, West Virginia vs. EPA, and Students for Fair Admissions, Inc. v. President and Fellows of Harvard College. (Olivier Douliery/AFP via Getty Images)
Huff said there is "less of a need" to impose the regular notice-and-comment rulemaking process given that agencies will likely be reviewing previous rules rather than passing new ones.
"They're not adding new burdens. This isn't new to people," Huff said. "People already sort of know what's there and it was there before. And we're just turning back the clock. We're putting it back to the way it was. We're restoring the original status quo."
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Severino said there could be litigation over the use of the exception despite the fact that the language is "very broad."
"But I do think there are strong arguments for it because the laws must keep with the constitutional limits on government, and, of course, be in the public interest."
Haley Chi-Sing is a politics writer for Fox News Digital. You can reach her at @haleychising on X.
https://www.foxnews.com/politics/trump-directs-agencies-follow-supreme-court-rulings-he-continues-rein-administrative-state