Regulations and the Obama-Trump Presidential Transition
Presidential transitions in which one party takes over from the other can trigger regulatory activity in both the outgoing and incoming administrations, designed to further each president’s policy priorities. An outgoing president may attempt to finalize a number of regulations before leaving office. The incoming president can be left with the responsibility of implementing policies that are not aligned with the new administration’s agenda. An incoming president faces significant challenges in rescinding regulations that were adopted and finalized before the end of the prior administration. The new administration has more leeway in delaying or repealing regulations that are not final or effective by Inauguration Day. An incoming administration and aligned House and Senate majorities can also utilize the expedited processes under the Congressional Review Act to rescind regulations that were promulgated late in the outgoing administration.