Senate ‘Nuclear Option?’,
How About a Congressional EMP Pulse

2017 January 27
by drdog09

Its the Congressional Review Act

But what Mr. Gaziano told Republicans on Wednesday was that the CRA grants them far greater powers, including the extraordinary ability to overrule regulations even back to the start of the Obama administration. The CRA also would allow the GOP to dismantle these regulations quickly, and to ensure those rules can’t come back, even under a future Democratic president. No kidding.

Here’s how it works: It turns out that the first line of the CRA requires any federal agency promulgating a rule to submit a “report” on it to the House and Senate. The 60-day clock starts either when the rule is published or when Congress receives the report—whichever comes later.

“There was always intended to be consequences if agencies didn’t deliver these reports,” Mr. Gaziano tells me. “And while some Obama agencies may have been better at sending reports, others, through incompetence or spite, likely didn’t.” Bottom line: There are rules for which there are no reports. And if the Trump administration were now to submit those reports—for rules implemented long ago—Congress would be free to vote the regulations down.

But, it gets even better:

There’s more. It turns out the CRA has a expansive definition of what counts as a “rule”—and it isn’t limited to those published in the Federal Register. The CRA also applies to “guidance” that agencies issue. Think the Obama administration’s controversial guidance on transgender bathrooms in schools or on Title IX and campus sexual assault. It is highly unlikely agencies submitted reports to lawmakers on these actions.

“If they haven’t reported it to Congress, it can now be challenged,” says Paul Larkin, a senior legal research fellow at the Heritage Foundation. Mr. Larkin, also at Wednesday’s meeting, told me challenges could be leveled against any rule or guidance back to 1996, when the CRA was passed.

The best part? Once Congress overrides a rule, agencies cannot reissue it in “substantially the same form” unless specifically authorized by future legislation. The CRA can keep bad regs and guidance off the books even in future Democratic administrations—a far safer approach than if the Mr. Trump simply rescinded them.


Imagine the impact. Practically everything that Obama has done can be wiped clean, just like Clinton wiped her server. Plus reissuing the rule won’t be a fix either. Obama’s rules will be nothing but a footnote if Congress acts.

Which begs the question — Why have you waited so long CongressCritters???

47 Responses leave one →
  1. 2017 January 27 7:38 pm
    drdog09 permalink

    I would offer that if Trump gets wind of this he will have every rule issued forwarded to Congress for CRA review. Mr. Smith never had it so good.

  2. 2017 January 27 9:27 pm

    Too bad he hasn’t a congress that would go along.

  3. 2017 January 27 9:29 pm
    justrand permalink

    Drdog, get thee to D.C., post haste! SHOUT this to President Trump!

  4. 2017 January 27 9:30 pm
    justrand permalink

    IP, he has a Twitter account! Bypass the media and throw this in Congress’ face via Twitter!

  5. 2017 January 27 9:33 pm
    President Paul permalink

    I hope Trump actually does something on Taxes. The GOP congress is openly hostile to cuts especially the leadership there.

    Obamacare is becoming a giant distraction and seems like a waste of the reconciliation bill.

  6. 2017 January 28 5:18 am
    mulletover permalink

    GOP leaders……

    “We don’t have the house.”
    “We don’t have the senate.”
    “We don’t have a president who would sign it.”
    “We don’t have a mandate.”

    What you don’t have is an excuse.

    Or balls.

  7. 2017 January 28 7:14 am
    justrand permalink

    Trump continues to [gasp!] do what he said he would. And this (further) freaks out the Left ..and the GOP “leadership”.

    there IS only one way to be sure…

  8. 2017 January 28 7:54 am
    justrand permalink

    Excellent article. Of course, the author risks being brought up on a HUGE number charges of being an “ist” “ic” “ism” or perjorative term or another…just for broaching subject!

  9. 2017 January 28 8:03 am
    bc3b permalink

    It appears the Congressional Republicans are still members of Uniparty.

  10. 2017 January 28 8:07 am
    justrand permalink

    More on that thoroughly BULLSHIT Atlantic Monthly article…

  11. 2017 January 28 10:44 am
    bc3b permalink

    In addition to VP Pence, Kellyanne Conway also spoke before pro-life marchers:

    So far, the Trump Administration has under-promised and over-delivered.

  12. 2017 January 28 11:32 am
    drdog09 permalink

  13. 2017 January 28 12:08 pm
    President Paul permalink

    Also we’re in the longest bull economy in USA history. We’re due for a recession, and from a macro perspective, agg demand is going to be affected. A significant tax cut would alleviate what is coming to the extend that can it can be. Trump is going to ultimately be graded on economic growth so he needs to get moving.

  14. 2017 January 28 12:12 pm
    justrand permalink

  15. 2017 January 28 12:14 pm
    President Paul permalink

    Mickey Kaus ‏@kausmickey 8h8 hours ago
    Trump drops one of his 3 SCOTUS candidates because Senate won’t confirm. How authoritarian can you get? #DND

    Why not force them to be on record as filibustering rather than surrendering in advance?

  16. 2017 January 28 1:52 pm
    drdog09 permalink

    “Also we’re in the longest bull economy in USA history.” — PPaul

    True if you are long stocks and little else. But the fact is Main Street America has been in a recession since 2008. Its one of the reasons that Trump got elected.

    “Why not force them to be on record as filibustering rather than surrendering in advance?” — PPaul

    Because Trump is thinking like a businessman not a politician. One of the cardinal rules of marketing is to launch into success then build on it for long term leverage in the marketplace. You don’t want to be seen as stumbling right out of the gate. He is withdrawing now to keep the streak going. Six months down the road when he has some key legislation in the congressional hopper awaiting his signature he will change strategy to be more aggressive against internal opposition. Expect some CongressCritters to be roasted on the Twitter grill then.

  17. 2017 January 28 2:00 pm

    15 – Who said it was D’s that objected (that’s a given), could have been uniparty R’s, and you can probably bet it was Pryor if that was the case – a few squish R’s would object.

  18. 2017 January 28 2:02 pm

    17 – That will also be about the time people and quiet talk starts happening for primary challengers (though that will not heat up more till late fall).

  19. 2017 January 28 2:03 pm
    President Paul permalink

    Party In The CIA

    Dog-who cares about Trump. Kagan and Sotomayor weren’t filibustered. It’s best to get the dems on record so we can do it to them once Hillary is president in 2020 or whoever.

  20. 2017 January 28 2:05 pm

    I had a good laugh at this…
    Cause there are so many of us visiting iran, not, go for it Iran, do us a favor.

  21. 2017 January 28 3:08 pm

    Let CNN know what you think on the recent EO in a positive way – they’ll never use your voicemail but it helps waste the time of whomever listens to these (which I doubt anyone really does) . 😉

  22. 2017 January 28 3:52 pm

    “Canadian Prime Minister Justin Trudeau has a message for refugees rejected by U.S. President Donald Trump: Canada will take you.”

    Good. So everyone in the world can stop freaking out now and just ship them all to canada, particularly those that arrive here, or at our southern border right Justin? 😉

    So when do we start talking about the needed northern wall?

  23. 2017 January 28 5:07 pm
    President Paul permalink

    Not sure why Iran made it on Trump’s list. Doesn’t seem congruent with Syria and Somalia, etc.

    Would have left that one off.

  24. 2017 January 28 5:08 pm
    drdog09 permalink

    “Dog-who cares about Trump. Kagan and Sotomayor weren’t filibustered. ” — PPaul

    Yes and No. Yes, Kagan and Sotomayor were not filibustered. Technically neither was Trump’s pick. No, because you need Trump on a winning streak. If his streak holds he will be able to pick whoever he wants for SCOTUS. CongressCritters do not like to buck POTUS’s that don’t disappoint those who brug’em cause they know back home their a$$ is grass if they do. (KH excellent observation on that one 🙂 )

    The opposition is just waiting for Trump to stumble, and if he does they will attempt to derail everything. THAT is why you need to worry about the Trump – Congress interface. Pollyticks is not a static game.

  25. 2017 January 28 5:14 pm
    drdog09 permalink


    We ought to return the favor too. Say offer green cards to all those ladies from The Sun that BC keeps us entertained with. And their husbands too if they got one.

  26. 2017 January 28 5:15 pm
    President Paul permalink

    Trump wants a win streak. I could care less.

    I want the Democrats on record as filibustering the nominee for the next midterms and more importantly for when there is a democratic president next. I’m fine with changing the rules if they filibuster Pryor. The left wing websites are demanding absolute obstruction including the infrastructure bill (I want the infrastructure to fail anyways) so it’s even more important to watch them obstruct for no reason. If they don’t filibuster I’m fine with keeping the filibuster though but I don’t want a double standard as continues.

  27. 2017 January 28 5:16 pm
    drdog09 permalink

    Putin and Trump exchanged pleasantries, agreed to a face to face when such can be arranged.

  28. 2017 January 28 5:21 pm
    drdog09 permalink


    Don’t you get it? One more midterm cycle where the Dims get clobbered (especially the Senate) and they won’t even be able to complain about the color of the toilet paper in the washroom. Only way that is going to happen is if Trump keeps deliver’n. We Americans when things are not rolling right go for split government, if things are rocking we keep the party in power.

  29. 2017 January 28 5:22 pm
    President Paul permalink

    Filibustered nominees are the best midterm get out the vote issue. Long term I think getting the dems on record is more important than victories anyways.

  30. 2017 January 28 5:27 pm
    President Paul permalink

    BTW if Dems did filibuster, he could recess appointment hoping for more senate seats if McConnell refused to change the rules.
    That would be worst case scenario.

    But it would be much better do recess appointments than do another Souter or O’Connor.

    That’s why it’s vital to have the dems on record as filibustering the nominee bc these are the games they play by threat. Better to make them actually do it so as to establish precedent for filibustering their nominees.

  31. 2017 January 28 5:37 pm
    President Paul permalink

    The neocons are obsessed with Iran.

    He should have banned Saudi Arabia where the actual terrorists are from (15 of 19 9/11 hijackers)

  32. 2017 January 28 5:55 pm

    33- recess appointments are all but over now (see recent cases), plus the judge would have to step down at the end of the session, that’s not a solution.

    “Long term I think getting the dems on record is more important than victories anyways.”

    Taken too literally – insanity.

  33. 2017 January 28 6:00 pm
    President Paul permalink

    Dems would get worn out by the second nomination anywas. Dems filibustered Bork, but they didn’t put up much fight against the subsequent nomination of his replacement Scalia who was confirmed 98-0. If he lost Pryor, he could moderate some on the next nomination. There would also be plenty of time for a 3rd and 4th nomination before the midterms.

    Plus lots of red states are up in 2018. if they lacked the votes to change the filibuster, he would likely have the votes shortly after.

  34. 2017 January 28 6:05 pm
    President Paul permalink

    The real Democrat plan: obstruct everything
    Hey Senate Democrats, get it now? VOTE NO ON EVERYTHING. Do NOT enable this monster

    Arizona Rep. Ruben Gallego said Friday that he thinks President Donald Trump is “mentally unstable.”
    “Yes, I do believe the president is mentally unstable,” Gallego, a Democrat, said on KTAR News 92.3 FM’s Mac & Gaydos. “I’ve said this thousands of times.”
    Gallego made similar comments on CNN in August when Trump was the Republican nominee, arguing at the time that, “this man is unstable, he’s unfit to be a presidential candidate.”
    Gallego, who was among the members of Congress to boycott Trump’s inauguration, said in the interview that he would not work with Trump because the president has not been transparent and because he is “not normal.”
    “I will not work with President Trump because President Trump has not been clear and transparent with what occurred during this election,” Gallego said. “I will not work with him to get an infrastructure bill until he releases his taxes, his disclosure to make sure that he’s not starting a kleptocracy. He should not try to stop or impede a investigation into the election interference in this election. There’s a lot of things that’s wrong with this president. Being Republican by the way is not bad. I think any other Republican would be very much easier to work with. This man is not normal. He is not acting normal. And there’s nothing that he’s done at this point for me that he’s proven that I should work with him. And I don’t think it’s gonna change.”(continued)

  35. 2017 January 28 6:33 pm
    justrand permalink

    Prez Paul, drdog is correct, as long as Trump has a couple more equally Conservative justices in his “bull pen”, and he DOES, the “winning streak” is more important. He becomes the Lew Alcindor UCLA Bruins: unbeatable!

    He’ll lose on some small things, for sure, but the longer he can finesse winning the big ones, the better!

  36. 2017 January 28 6:52 pm
    bc3b permalink

    Senate seats up for grabs in 2018: 23 Democrats – 8 Republicans and 1 Independent who votes Democratric. 5-6 Dems are vulnerable. Flake is up. That’s a seat I wouldm’t mind losing.

  37. 2017 January 28 7:13 pm
    drdog09 permalink

    “The real Democrat plan: obstruct everything” — PPaul

    Oh pleeeeeeeze let it be so!! The GOP did so well trying that strategy. The Dims as the Party of No with 23 Senators to defend? Bring it.

    Here’s one more scenario to consider. 2018 results are Dims lose 6 Senators and a few more seats in the House. Calif by this time has approved their succession. Congress agrees with the caveat that a county by county plebiscite must be run. Any county by majority wishing to leave may do so. Those that do not may stay in the Union as a newly formed State. Jefferson turns bright red with 30 districts, the Dims lose the most critical electoral majority ever, never again to be a national party source.

  38. 2017 January 28 7:49 pm
    justrand permalink

    Drdog: “Here’s one more scenario to consider. 2018 results are Dims lose 6 Senators and a few more seats in the House. Calif by this time has approved their succession. Congress agrees with the caveat that a county by county plebiscite must be run. Any county by majority wishing to leave may do so. Those that do not may stay in the Union as a newly formed State. Jefferson turns bright red with 30 districts, the Dims lose the most critical electoral majority ever, never again to be a national party source.”

    I got nuthin to add, except OMG! 🙂 I will be day-dreaming about that!

  39. 2017 January 28 8:17 pm
    bc3b permalink

    JR #41 –

    And within 7-10 years Kalifornia is in Venzuela territory.

  40. 2017 January 28 8:51 pm
    drdog09 permalink

    More Winning — — SS agent critical of Trump sent on paid leave. All preparatory to kicking her out I presume.

  41. 2017 January 28 8:58 pm
    drdog09 permalink


  42. 2017 January 28 9:05 pm
    drdog09 permalink

    Bad strategy — — street thugs ‘get more government’ and people cheer. This is liberal Portland.

  43. 2017 January 28 10:15 pm

    43 – Yup, I’m told paid leave is more a sign of likely departure than unpaid leave, given how fked up government system is sounds legit. 😉

  44. 2017 January 29 3:21 am

    Department Of Homeland Security Response To Recent Litigation
    Release Date:
    January 29, 2017

    For Immediate Release
    Office of the Press Secretary

    You can read the whole thing but I’ll basically summarize.

    We read your order, however we we’ll continue to conduct business as usual, that includes blocking access to those who are banned, and additional screening on those who had valid visa’s prior to jan 28th. The later has caused significant delays for those folks traveling in the last day from banned nations, we will continue this and the delays (many extra hours) for those people will continue, in nearly all case we do not consider this delay a ‘detention’, and to the extent it’s consider such we have such authority to do so.

    P.S. We more or less reject any authority you think you have over alien entry\reentry to the nation resident, non-resident, or otherwise, however consider this our respectful reply.

  45. 2017 January 29 6:52 am

    Austrian Islamists were in the process of drawing up plans to set up a caliphate in Austria, a massive raid conducted by over 800 Austrian police officers has revealed.

    Of the fourteen Islamists arrested, three were women and a handful were Islamic preachers. The authorities said that they also found 140 digital storage items which will be forensically examined by the domestic intelligence service the Office for the Protection of the Constitution.


    Nothing to see here, nothing at all, move along.

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