FedSoc Forums

Minutes to Midnight, or Teeing Up a Second Term?


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The next presidential inauguration will be on January 20, 2021. The six months between then and today will involve a flurry of regulatory activity, just as the final months of presidential terms always do. Whether the next inauguration features Donald Trump or Joe Biden, agencies will try to complete as many regulatory proceedings as possible before the inauguration, with an eye to not just the end of the current presidential term but also the beginning of the next one.

What actions should we expect agencies to take? To what extent can the current administration issue “midnight rules” affecting policy beyond January 20? And to what extent could the Congressional Review Act permanently erase those rules?

To discuss these questions, we will be joined by three experts on administrative law and the administrative state:
-- Mr. Daniel R. Pérez, Senior Policy Analyst, GW Regulatory Studies Center
-- Prof. Jack Beerman, Harry Elwood Warren Scholar and Professor of Law, Boston University Law School
-- Moderator: Prof. Adam White, Assistant Professor and Executive Director, The C. Boyden Gray Center for the Study of the Administrative State, Antonin Scalia Law School at George Mason University
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