Trump's self-declared power to repeal federal regulations he doesn't like

A consequential executive order threatening decades of painstaking regulatory policy has slid under the nation's radar

On April 9, President Trump issued an executive order “Directing the Repeal of Unlawful Regulations.” Although the order did not generate much public debate, its potential consequences are vast.

Trump relies on “a series of decisions” by the far-right Supreme Court majority “that recognize appropriate constitutional boundaries on the power of unelected bureaucrats and that restore checks on unlawful agency actions.” He claims that any “unlawful regulations” enacted before those decisions were handed down are automatically unlawful and need to go.

This is a big deal because a statute called the Administrative Procedure Act (APA) has been in place since 1946. The APA sets forth complex procedures for creating and repealing regulations, which are laws enacted by agencies instead of through Congress. Agencies can only regulate if Congress says so, however.

Thousands of regulations are enacted each year—many more than are passed by Congress. So Trump’s order could have a staggering impact on the economy and the lives of regular Americans.

Why should you care about this amidst all the things to care about these days? Consider an obvious example: air traffic control, which is regulated by the Federal Aviation Administration (FAA). There have been a mounting number of fatal airplane crashes since Trump took office, and air traffic control at Newark Airport in New Jersey has repeatedly gone dark due to equipment outages. Trump’s order, if upheld, will allow him to sweep away regulations aimed at protecting the public—such as the aviation safety guidance promulgated by the FAA—based on his vague reading of a handful of recent Supreme Court cases.

This is not how regulatory law is supposed to work.

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