Democrats disappoint by not going after more Trump regs with CRA | TheHill – The Hill
Senate Democrats are planning to use their legislative authority to roll back just a handful of Trump-era regulations, disappointing someactivistswho hoped they would be more aggressive in usingmaneuverstotopplethe former president's legacy.
Senate Majority LeaderCharles Shumer (D-N.Y.) announced Thursday that Democrats would use the Congressional Review Act (CRA) to overturn two different Trump-era regulations, one that weakened regulations on methane and another that limited workplace discrimination protections.
But by committing to attempt to nix just a few rules, Democrats are taking a sharp turn from the strategy employed by Republicans, who after Trump was elected used the act on 16 different regulations.
I think it's a powerful tool, said Alison Kamhi, an attorney with the Immigrant Legal Resource Center who helped analyze which of the many Trump immigration regulations could be good CRA targets.
It's not the only tool, but its a tool, and you want to see the Democrats using every tool in the toolbox," Kamhi added. "So I would have hoped for more rules to be introduced for potential CRA disapproval.
Its possible more will be coming.
Democrats have introduced resolutions that would unwind two different Trump financial regulations, including one that significantly weakens predatory lending regulations. But so far Schumer hasnt committed to a vote on either.
Democrats have some reason to be hesitant to use the CRA. Scrapping a rule reverts policy back to whatever was in place before it was adopted which can leave weaker regulations in place.
There is also concern over statutory language in the CRA that then blocks the relevant agency from crafting another rule thats substantially similar, a feature some fear could hinder future necessary regulation.
The CRA is a blunt tool, so you have to be careful when you're using it that youre not going to tie the hands of the administration going forward, said Aaron Weiss, deputy director of the Center for Western Priorities, which tracked Trumps environmental rollbacks.
So its not surprising that Congress is going to use it judiciously this year considering how quickly the Biden administration is moving toroll backTrumps environmental legacy the right way, he said.
The CRA process also eats up about 10 hours of floor time, something in short supply in the Senate after Trumps second impeachment trial and various 30-hour holds placed on several of Bidens nominees.
Still, Democrats could be giving up a significant number of opportunities if they just use the CRA twice.
A coalition of various advocacy groups identified 28 different Trump rules ripe for CRA use that they hoped the Senate would prioritize.
On the list: changes to the asylum process, a rule opening up logging in Alaskas Tongass National Forest, a rule weakening unfair and deceptive practices regulations for airlines, and a rule that would have sunset all Department of Health and Human Services rulesmore than 10 years old if they werent reviewed within the next few years.
Its an extremely powerful tool because the alternative is typically to repeal through notice and comment rulemaking, and notice and comment rulemaking could take years and then thats followed by one year of judicial review, said Richard Revesz, a professor at New York University School of Law, who warned of legal challenges.
The CRA allows for the definitive undoing of a bad policy very quickly.
The two rules that will get a vote are ones Democrats view as particularly dangerous.
The methane rule short circuited existing regulations for the oil and gas industry, allowing them to spew heat-trapping methane a gas several times more potent that carbon into the atmosphere.
The other was an Equal Employment Opportunity Commission regulation that critics say tilted the scales in favor of employers fielding challenges from employees claiming they faced discrimination.
To be successful, Democrats will have to wrangle votes from each of their 50 senators or secure Republican backing a potentially heavy lift with such tight margins.
But advocates are also hopeful Schumer will see fit to bring additional CRA resolutions to the floor, regulations they argue wont trip up any future rulemaking.
That includes an Office of the Comptroller of the Currency rule targeted by Sens. Chris Van HollenChristopher (Chris) Van HollenDemocrats disappoint by not going after more Trump regs with CRA Senators to unveil bill banning permanent Capitol fence SEC adopts measure aimed at cracking down on Chinese firms from US exchanges MORE (D-Md.) and Sherrod BrownSherrod Campbell BrownDemocrats disappoint by not going after more Trump regs with CRA American Rescue Plan: Ending child poverty let's make it permanent Meeting between Trump, Ohio Senate candidates turns tense: report MORE (D-Ohio).
This is a terrible rule, said Lauren Saunders, associate director of the National Consumer Law Center, who said the federal government has no right to help payday lenders skirt state laws that cap interest rates.
So the simplest thing to do is to just get rid of the rule.
The bills came just in the nick of time.Public Citizenestimates lawmakers have until April 4 to file resolutions that comply with the law, leaving little time to file additional measures. Schumer has until mid-May to bring them to the floor before the CRA clock runs out.
Immigration advocates have yet to secure a CRA resolution for one of their top priorities a regulation that barred asylum to those from any number of countries who passed through Mexico to arrive at the Southern border. Its since been enjoined by the courts, but it has not yet been struck down.
The reason that was our top priority is because its a rule that could bar asylum eligibility for vast numbers of people, if it were to go into effect, and were not concerned about the potential effects of CRA disapproval because thats a place where we don't want there to be rules issued, Kamhi said.We don't think there should be rules barring people from applying for relief based on where they transited through.
Democrats may also not be eager to let Republicans set a precedent. The CRA had only been used once since it was first adopted in 1996 until the GOP heavily used it in 2017.
The Biden administration has already opted to use a number of more traditional tactics, using a freeze memo to block regulations that had not yet taken effect, while striking some internal memos and directives. Theyve also flipped positions on a number of existing challenges to Trump era regulations, leaving the courts as another viable path for striking many of them down.
Thats part of the reason Weiss doesnt think Democrats should rely too heavily on the CRA.
Theyre moving so quickly on everything else, he said, and when there are bad regulations the courts generally step in and do the right thing anyway. And when a court throws out a rule it tends to not tie the hand of the agency going forward. It just means they go back and do it right the next time.
But Revesz worries that Democrats are too cautious about the CRA language blocking any future regulation that is substantially similar.
I understand that argument floats around, but for this administration it shouldn't be considered a bar even in cases where they actually want to replace a regulation, he said. Strengthening something not substantially the same as weakening something.
Read more:
Democrats disappoint by not going after more Trump regs with CRA | TheHill - The Hill
- Democrats pushing for 3-year extension of Affordable Care Act subsidies - CBS News - December 5th, 2025 [December 5th, 2025]
- Democrats test an affordability message in one of the nations richest districts - Politico - December 5th, 2025 [December 5th, 2025]
- These voters backed Trump in 2024 and Democrats in 2025. What will they do in 2026? - NBC News - December 5th, 2025 [December 5th, 2025]
- Democrats target Trump's affordability crisis in 2026 offensive - Axios - December 5th, 2025 [December 5th, 2025]
- Democrats release Epstein Island photos as Maxwell argues against release of grand jury transcripts - ABC News - December 5th, 2025 [December 5th, 2025]
- Democrats Need to Treat the Supreme Court Like the Villain It Is - The Cross Section | Paul Waldman - December 5th, 2025 [December 5th, 2025]
- Young Americans Hate Both Parties. They May Still Pick Democrats in 2026. - Cook Political Report - December 5th, 2025 [December 5th, 2025]
- Virginia Democrats to hold firehouse primary for Richmond senate race but what does that mean? - WRIC ABC 8News - December 5th, 2025 [December 5th, 2025]
- Senator Marshall: Democrats Are Refusing to Address Fraud - U.S. Senate (.gov) - December 5th, 2025 [December 5th, 2025]
- Democrats eye a red-state push even as intraparty fighting persists - Politico - December 5th, 2025 [December 5th, 2025]
- Focus group: Trump voters who backed Democrats in 2025 frustrated with the economy - NBC News - December 5th, 2025 [December 5th, 2025]
- Democrats question Trumps stamina after he appears to nod off in public - Roll Call - December 5th, 2025 [December 5th, 2025]
- Trump claims Democrats will try to pack Supreme Court if they win upcoming elections - The National Desk - December 5th, 2025 [December 5th, 2025]
- Groundbreaking NYT Op-Ed lays bare the Democrats internal battle over Israel - Mondoweiss - December 5th, 2025 [December 5th, 2025]
- Trump administration says it will withhold SNAP from states led by Democrats if they don't provide recipient data - PBS - December 5th, 2025 [December 5th, 2025]
- A special election puts Democrats on track to flip the House - The Economist - December 5th, 2025 [December 5th, 2025]
- More images of Epstein's private island home released by House Democrats - BBC - December 5th, 2025 [December 5th, 2025]
- 12 House Republicans join Democrats to oppose redistricting, but bill advances to Senate - The Statehouse File - December 5th, 2025 [December 5th, 2025]
- Democrats Briefed on Boat Strikes 'Disturbed' by What They Saw - Time Magazine - December 5th, 2025 [December 5th, 2025]
- Democrats release never-before-seen images and videos of Jeffrey Epstein's island - Axios - December 5th, 2025 [December 5th, 2025]
- Steve Kornacki: How Democrats missed the mother of all upsets in Tennessee - NBC News - December 5th, 2025 [December 5th, 2025]
- How Kentucky Gov. Andy Beshear Thinks Democrats Can Win Rural America - The New Republic - December 5th, 2025 [December 5th, 2025]
- Steve Kornacki: GOP warning signs and lessons for Democrats in Tennessee's special election results - NBC News - December 5th, 2025 [December 5th, 2025]
- Senate Democrats to force vote on bill to extend health care tax credits for 3 years, Schumer says - CBS News - December 5th, 2025 [December 5th, 2025]
- Democrats Raise the Stakes for Their 2026 Races By Making It About 2032 - NOTUS News of the United States - December 5th, 2025 [December 5th, 2025]
- Democrats and Republicans are pouring money into a special election in Tennessee. Here's why - NPR - December 2nd, 2025 [December 2nd, 2025]
- Democrats in New Jersey Ram Through Bill to Defang a Corruption Watchdog - The New York Times - December 2nd, 2025 [December 2nd, 2025]
- Elise Stefanik accuses Mike Johnson of "getting rolled" by Democrats and lying about defense bill provision - CBS News - December 2nd, 2025 [December 2nd, 2025]
- Al Gore urges Democrats to send a 'shock wave' in Tennessee race - USA Today - December 2nd, 2025 [December 2nd, 2025]
- Democrats begin congressional probe of Kash Patel's use of FBI Gulfstream jet - CBS News - December 2nd, 2025 [December 2nd, 2025]
- Mandela Barnes Enters Wisconsin Governor Race, Joining Crowded Field of Democrats - The New York Times - December 2nd, 2025 [December 2nd, 2025]
- Why Democrats are so focused on Tennessees 7th District special election - NBC News - December 2nd, 2025 [December 2nd, 2025]
- For Democrats, a New Way to Make Health Care Affordable - Washington Monthly - December 2nd, 2025 [December 2nd, 2025]
- Even Ahead of the Tennessee Special Election, Democrats Feel Bullish About Competing in Red Areas - NOTUS News of the United States - December 2nd, 2025 [December 2nd, 2025]
- Ro Khanna: Democrats must break with the Epstein class, or lose - The.Ink | Anand Giridharadas - December 2nd, 2025 [December 2nd, 2025]
- Williamson County Democrats to host election night watch party for Aftyn Behn - Williamson Herald - December 2nd, 2025 [December 2nd, 2025]
- Opinion | This Is the Story of How the Democrats Blew It on Gaza - The New York Times - December 2nd, 2025 [December 2nd, 2025]
- Indiana Democrats have a plan to stop Indiana's redistricting before it starts - Axios - December 2nd, 2025 [December 2nd, 2025]
- Democrats, Republicans call on big names ahead of special election - Nashville Banner - December 2nd, 2025 [December 2nd, 2025]
- Callicoon Democrats pick up donations for local food bank - The River Reporter - December 2nd, 2025 [December 2nd, 2025]
- Democrats winning on health care post-shutdown, some analysts say - Roll Call - December 2nd, 2025 [December 2nd, 2025]
- Stefanik accuses Johnson of 'siding with' Democrats in explosive House GOP leadership rift - Fox News - December 2nd, 2025 [December 2nd, 2025]
- FBI seeks interviews with Democrats who appeared in video urging troops to defy illegal orders - PBS - December 2nd, 2025 [December 2nd, 2025]
- Column | Its called the six-year itch. Democrats hope it favors them for the Senate. - The Washington Post - November 23rd, 2025 [November 23rd, 2025]
- Senate Democrats are investigating the Kennedy Center for 'cronyism, corruption' - NPR - November 23rd, 2025 [November 23rd, 2025]
- Donald Trump Aghast at Sedition Democrats on TVShould Be in Jail - Newsweek - November 23rd, 2025 [November 23rd, 2025]
- Trump says he wasn't threatening Democrats he accused of 'seditious behavior, punishable by death' - NBC News - November 23rd, 2025 [November 23rd, 2025]
- Trump accuses Democrats of 'sedition' but the law disagrees - CNN - November 23rd, 2025 [November 23rd, 2025]
- Trump says he was 'not threatening death' to Democrats over video to troops - BBC - November 23rd, 2025 [November 23rd, 2025]
- Trump urges prison for Democrats who called on army to ignore illegal orders - The Times of Israel - November 23rd, 2025 [November 23rd, 2025]
- Democrats defend message to troops as Trump, officials suggest they be punished - ABC News - November 23rd, 2025 [November 23rd, 2025]
- Republicans and Democrats agree U.S. health care costs too much. Will they do anything about it? - The Spokesman-Review - November 23rd, 2025 [November 23rd, 2025]
- First Thing: Outrage after Trump accuses Democrats of seditious behavior, punishable by death - The Guardian - November 23rd, 2025 [November 23rd, 2025]
- Democrats file police complaints over Trumps posts accusing them of sedition - Politico - November 23rd, 2025 [November 23rd, 2025]
- After Prop. 50, San Diego may lose its only Republican in Congress as Democrats target Issa - CalMatters - November 23rd, 2025 [November 23rd, 2025]
- Democrats just won back voters whod embraced Trump. Will they stick around? - The Boston Globe - November 23rd, 2025 [November 23rd, 2025]
- Trump Accuses Democrats of Sedition, Punishable by Death, Over Message to the Military - The New York Times - November 23rd, 2025 [November 23rd, 2025]
- Democrats seek police action on Trumps threatening social media posts - The Washington Post - November 23rd, 2025 [November 23rd, 2025]
- Have Democrats Lost Voters Trust on Education? Not According to Most Polls - The 74 - November 23rd, 2025 [November 23rd, 2025]
- Democrats try again to reestablish legal deference to agencies on regulations - Government Executive - November 23rd, 2025 [November 23rd, 2025]
- Its called the six-year itch. Democrats hope it favors them for the Senate. - MSN - November 23rd, 2025 [November 23rd, 2025]
- Democrats and Republicans react to Trump's "seditious behavior" post after video emerges - CBS News - November 23rd, 2025 [November 23rd, 2025]
- Opinion | Trump Says the Epstein Documents Will Hurt Democrats, Too. Maybe Thats a Good Thing. - The New York Times - November 23rd, 2025 [November 23rd, 2025]
- Mark Mellman, 70, Dies; Helped Democrats Understand Their Voters - The New York Times - November 23rd, 2025 [November 23rd, 2025]
- In Red Tennessee, Democrats Dream of the Unlikeliest of Upsets - The New York Times - November 23rd, 2025 [November 23rd, 2025]
- Why Democrats are warning about illegal orders to the military - Straight Arrow News - November 23rd, 2025 [November 23rd, 2025]
- Democrats threatened after Trumps seditious behavior comment - NewsNation - November 23rd, 2025 [November 23rd, 2025]
- White House walks back Trumps suggestion of executing Democrats, stands by piggy insult to reporter live - The Guardian - November 20th, 2025 [November 20th, 2025]
- Democrats Finally Realize It Isnt 2016 Anymore - The Atlantic - November 20th, 2025 [November 20th, 2025]
- I was right about the pathetic Democrats. And most Americans agree with me. | Opinion - USA Today - November 20th, 2025 [November 20th, 2025]
- Trump calls Goodlander and other Democrats 'traitors' for urging military to defy 'illegal orders' - New Hampshire Public Radio - November 20th, 2025 [November 20th, 2025]
- Democrats facing ethics complaints for Vail retreat will receive taxpayer-funded legal counsel - The Colorado Sun - November 20th, 2025 [November 20th, 2025]
- This poll number hasnt been so favorable for Democrats since before the last blue wave - PBS - November 20th, 2025 [November 20th, 2025]
- New poll reveals signs of hope for Democrats and red flags for Republicans - PBS - November 20th, 2025 [November 20th, 2025]
- Donald Trump said Democrats call to military amounts to sedition. Experts say thats doubtful - PolitiFact - November 20th, 2025 [November 20th, 2025]
- Poll: Democrats have biggest advantage for control of Congress in 8 years - NPR - November 20th, 2025 [November 20th, 2025]
- In Tennessee, Democrats hope a coalition of the pissed off will flip a red district - The Guardian - November 20th, 2025 [November 20th, 2025]
- Trump accuses Democrats of seditious behavior over video telling military to refuse illegal orders - CBS News - November 20th, 2025 [November 20th, 2025]
- Details on Trump threat aimed at Democrats over video telling military to refuse "illegal orders" - CBS News - November 20th, 2025 [November 20th, 2025]
- Cassidy pushes his Obamacare plan. Democrats arent biting. - Politico - November 20th, 2025 [November 20th, 2025]