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In a recent post, we highlighted how the Trump administration's executive orders (EOs) boosting the coal industry will likely not accomplish their hopes for “revival,” as the basic economics of coal generation cannot be modified by executive order, despite Trump’s or Lee Zeldin’s desires. What these policies will achieve, ultimately, is releasing coal-fired power plant operators from any obligation not to harm the communities where they operate.

Over the course of this series, I have explored President Donald’s Trump’s comprehensive effort to build from a scratch a new regulatory system that systematically favors his administration’s anti-regulatory agenda. As part of this campaign, he has issued several executive orders that fundamentally distort the key building blocks that comprise our regulatory system: law, science, economics, and the career civil service. In the earlier posts, I examined the executive orders specifically affecting the first three of those building blocks. In this final post, I examine Trump’s efforts to remake the civil service.

Since our last update on May 27, we have seen a slowdown in developments regarding Congressional Review Act (CRA) resolutions, which is consistent with Senate timelines for considering and voting on joint resolutions. However, there has been one key development that closes a chapter opened on April 2, when House Republicans decided to use CRA procedures to undo the waivers issued by the U.S. Environmental Protection Agency (EPA) to California.

In the first post of this series, I began detailing President Donald’s Trump’s comprehensive effort to build from a scratch a new regulatory system that systematically favors his administration’s antiregulatory agenda. As I explained, he has issued several executive orders that fundamentally distort the key building blocks that comprise our regulatory system: law; science; economics; and the career civil service. In the first post, I examined the executive orders specifically affecting the “law” building block. In this post, I examine the next two building blocks: science and economics.

During his first term, President Donald Trump encountered for the first time the modern regulatory system that Congress has slowly built up over the last century. What he found was that its commitment to rule of law principles, democratic input, and reason-based decision-making presented a formidable barrier to his administration’s agenda of rolling back protective measures that millions of us depend on to keep our workplaces safe, our drinking water free of contaminants, and our bank accounts guarded against cheats and scams. That experience clearly left an impression. With the help of Office of Management and Budget Director Russ Vought and other White House advisors, Trump has spent the first few months of his second term issuing a dizzying array of executive orders aimed at building, piece by piece, the kind of regulatory system that he would like to have — one that is strongly biased against promoting the public interest.

There are many reasons why Senate Republicans’ recent decision to defy the parliamentarian and repeal California’s Clean Air Act waivers using the Congressional Review Act (CRA) was objectionable. But one objection that hasn’t received enough – any? – attention is how legislative gimmicks like the CRA contribute to the broader problem of congressional dysfunction.

Never before in our lifetimes has the rule of law felt so tenuous. These are not normal times for a research and advocacy organization dedicated to “harnessing the power of law and public policy to create a responsive government, healthy environment and just society.” Many of the policy ideas that we have championed — for example, worker safety protections, a fair regulatory system, climate actions that address equity concerns — have been adopted in some form. And today, these policies, as well as the democratic institutions which enforce them, are under threat.

Since our last update on May 19, we have seen some critical developments regarding  Congressional Review Act (CRA) resolutions. In addition to the relentless progression of some resolutions towards becoming law, the most troublesome was the decision in the Senate to vote on the CRA resolutions ending Clean Air Act waivers issued to California. As James Goodwin said in a recent blog post on the matter, this represents a clear example of Senate Republicans “failing to follow the rules that they agreed to — and doing so to advance their policy agenda without heed to the rule of law wreckage they leave in their wake."

The disease of authoritarianism now afflicting our democracy spread to yet another of our governing institutions the night of May 21. Do not be fooled: The debate over Senate Republicans' misuse of the Congressional Review Act (CRA) is not “inside baseball” or wonky or even complicated. Rather, it’s a simple story of legislators failing to follow the rules that they agreed to — and doing so to advance their policy agenda without heed to the rule of law wreckage they leave in their wake.