The administration has issued a memorandum instructing heads of executive departments and agencies to prioritize the repeal of regulations deemed unlawful and unnecessary. This move aligns with efforts to support economic growth and innovation by removing barriers imposed by certain regulations.
The statement highlights recent decisions by the Supreme Court, which have clarified the constitutional limits on the power wielded by unelected officials, and have sought to curb unauthorized agency actions. Many regulations that are currently active were established based on now-outdated Supreme Court rulings.
The memorandum references Executive Order 14219, issued on February 19, 2025, which initiated the "Department of Government Efficiency" Deregulatory Initiative. The order tasked agency leaders with identifying and planning the repeal of regulations that might not comply with recent Supreme Court decisions within a 60-day timeframe.
Repeals of clearly unlawful regulations must be finalized without public notice and comment when aligned with the "good cause" clause of the Administrative Procedure Act. This exception allows bypassing traditional rulemaking processes in instances where those processes are impractical, unnecessary, or not in the public's interest. The memo argues that it is against public interest to maintain and enforce facially unlawful regulations, emphasizing that repeals required by Supreme Court rulings fall under necessary legal actions.
The President has directed that agency leaders use their legal authority to expedite this repeal process.
