Tag:

Congressional Review Act

Effects of Ongoing Deregulation Under the Trump Administration: DOGE and the Congressional Review Act

Congressional Republicans have faced growing public pushback in early 2025, even from their own voters, regarding their collective inaction as the Trump administration has continued to consolidate power in the executive branch. At the same time, Congressional Republicans have faced increased pressure from the Trump administration, and Speaker of the House Mike Johnson, to continue to gut regulations and deliver President Trump’s corporate-focused agenda. One method that experts expect Republican lawmakers to utilize in addressing these pressures is the Congressional Review Act (CRA). The CRA allows Congress to repeal recently issued final regulations with only a narrow majority, which could thus lead to harmful deregulation that will likely compound the deregulatory actions already seen by Elon Musk’s Department of Government Efficiency (DOGE).

Congressional Repeal of Consumer Protection Rule Creates Bar to Class-Action Suits Against Banks

In July of 2017, the Consumer Financial Protection Bureau (“CFPB”) Director, Richard Cordray, implemented a rule regulating the ability of banks to prohibit class-action lawsuits from being placed within the fine print of their consumer contracts. By the end of July, the House of Representatives voted to repeal the rule under the Congressional Review Act, which allows lawmakers to overturn any recently issued regulation by an executive agency. The Senate subsequently voted to repeal the rule after a 50-51 vote, where Mike Pence cast his vote to break the 50-50 tie. On November 1st, 2017, President Trump signed the bill repealing the regulation.