Biden Rejects Bipartisan Solution to Agency Guidance

Biden Rejects Bipartisan Solution to Agency Guidance
(AP Photo/Alex Brandon)

Little more than a month into Joe Biden’s presidency, the executive branch is hitting rewind on the past 4 years, reversing the previous administration’s policies as fast as it can. As John Podesta, former adviser to President Barack Obama, said, “I don’t think it’s fair to say that most of what Trump did can be undone in an afternoon. It’s going to take at least ten days.”

But what happens when what Donald Trump did had cross-ideological support? Do you throw out the baby with the bathwater? The answer for Biden seems to be yes.

Take his reversal of a Trump-era executive order regarding the guidelines that administrative agencies issue to enforce their assigned laws. In 2019, Trump signed Executive Order 13891, which sought to rein in abuse of the Administrative Procedure Act’s exception to the normal rulemaking process: agency guidance.

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