Republicans Can’t Really Repeal Dodd-Frank – The Nation.
But they will pretend to try anyway.
Donald Trump and House Republicans in the Rose Garden of the White House on May 4, 2017. (Reuters / Carlos Barria)
House Republicans will go into work tomorrow and pass a bill designed to strip away virtually everything of value in the last round of President Obamas 2010 financial reforms. And then everyone will get on with their lives, because the bill has no chance whatsoever of becoming law.
House Financial Services Committee Chair Jeb Hensarling, aficionado of industry-paid junkets, knows this. House Speaker Paul Ryan knows this. Not a soul in Congress believes that the CHOICE (Creating Hope and Opportunity for Investors, Consumers and Entrepreneurs) Act, the Houses Dodd-Frank overhaul, will see the light of day. But theyre passing it anyway.
And thats the difference between Republican and Democratic conceptions of legislative power.
Lets start by pointing out that the Choice Act is a bad bill. The acronym of the title suggests banks would have to make a choice: suffer under the allegedly burdensome financial regulations we have today, or maintain a ratio of liquid assets to overall debtknown as a leverage ratioof 10 percent. Higher leverage ratios give banks the ability to absorb losses in case of catastrophe. Theres a germ of an idea here; simple requirements like leverage ratios are easier to enforce than the maddening complexity of much of Dodd-Frank. And if bankers are responsible for their own mistakes with their own money, you could imagine a lighter regulatory touch.
But heres the problem: Theres no penalty for violators of the leverage rules. Under the act, if leverage ratios fell below the threshold for a regulatory exemption, a bank would get a year to rewrite its capital plan. So you could easily envision banks jumping back and forth, reaching compliance with leverage rules and then falling out, facing no sanction for doing so. A rule without enforcement isnt a rule, and the only choice for Wall Street in the Choice Act is to do whatever it wants.
Added to this false choice is a dismantling of Dodd-Franks biggest features. The Consumer Financial Protection Bureau would be gutted, with its jurisdiction constrained and its budget subject to congressional meddling. Tools to unwind banks in a crisis would be repealed. Enhanced supervision of systemically important financial institutions would be eliminated. Securities and Exchange Commission (SEC) registration for hedge funds and private equity firms would be jettisoned. Stress-test methods would be publicly disclosed, allowing banks to prepare for these examinations of their balance-sheet health. The Volcker rule, preventing big banks that take deposits from gambling with customer funds, would be ditched.
House Republicans mainly dont talk about these features, preferring to focus on regulatory relief for community banks and credit unions; the CHOICE Act exempts these institutions from most Dodd-Frank rules and reporting requirements. Thats literally the only thing you hear about from the House GOP, that Dodd-Frank unfairly caused the premature death of Main Street banks (which have been dying for decades amid the same market concentration afflicting the rest of the economy, with Dodd-Frank neither accelerating or decelerating that trend).
Incredibly, Republicans are selling this community bank relief feature as their version of Glass-Steagall. That famous regulation concerned the separation of commercial and investment banking, but in Republican hands, it just means unburdening smaller banks more than the already unburdened mega-banks. They are using the name of one of the historys prominent bank regulations to sell deregulation. There was an outside shot than an actual Glass-Steagall restoration, sponsored by Democrat Marcy Kaptur and Republican Walter Jones, would get a vote along with the CHOICE Act. But Republicans on the House Rules Committee quickly shot that down, and so Thursdays vote will just be on the CHOICE Act.
The Senate has a CHOICE Act too: Its about education scholarships. Thats how much the CHOICE Act is disrespected on the other side of the Capitol, where they have no interest in or ability to pass such an overhaul. Any legislation of this type would need eight Senate Democrats to overcome a filibuster, which is about eight more than this kind of package could attract. The CHOICE Act is purely a framework in theory, and will never exist in practice.
Even the White House, in its statement of support for the CHOICE Act, concluded by writing the Administration looks forward to working with the Senate on arriving at a final piece of legislation, admitting that the bill as it is wont reach the finish line.
So why bother with the CHOICE Act at all? The answer is that Republicans would rather send a message than send a law to the president. In 2009, Democrats tried to pinpoint legislation that could actually pass, and delivered as much as possible. Given the diversity of the Democratic caucus at that time, the results were incremental, but they did actually exist.
Republicans have no interest in bending on principle. The House has spent half a year making the same kinds of messaging votes they did when they knew Barack Obama would veto the finished product. Theres probably a bill out there that would reduce Dodd-Frank rules for community banks (although theres plenty of tailoring in bank supervision already) that could pass Congress; in fact, here is that bill. But Republicans dont want to make the choice of getting that done without freeing the big banks as well. So they pass the CHOICE Act, and it falls into the ether, and they can say to their lobbyist pals that they tried.
This is ultimately why congressional Republicans have full legislative control in Washington but no legislative accomplishments. Its highly unusual for a dominant political party to do nothing with that power. But Republicans in Congress are more interested in making speeches than in making laws. And that cedes the playing field for governing almost entirely to Donald Trump.
THE STAKES ARE HIGHER NOW THAN EVER. GET THE NATION IN YOUR INBOX.
In the case of financial regulation, the administrations goals align with the intentions of the Choice Act. Trump has continually selected a rogues gallery of bank executives and corporate lawyers to oversee the industries where they used to work. Just this week, he picked Joseph Otting, the former CEO of OneWest Bank, to run the Office of the Comptroller of the Currency. So both OneWest CEOs in the banks ignominious history, Otting and Steve Mnuchin, command top regulatory positions. SEC chair Jay Clayton, former law partner at Sullivan and Cromwell, just hired Steven Peikin, former law partner at Sullivan and Cromwell, to run the agencys enforcement division.
These personnel moves are playing out exactly as youd expect. Enforcement is expected to be light to nonexistent. Rules are expected to exist in name only. Banks are expected to run wild.
But this repeal by neglect is temporary by design. A new administration would carry new priorities. Only statutory law can maintain policy continuity. But Republicans dont want to do the work. Instead they write the Choice Act and other sparkle-pony wishes for industry that have no chance of success, abdicating their lawmaking role. They might as well not exist. And when the current White House occupant has a scattershot relationship to reality, thats downright dangerous.
Read the original:
Republicans Can't Really Repeal Dodd-Frank - The Nation.
- Trump is crushing it, but the Republicans can still blow it in 2026 and 2028 - The Hill - July 14th, 2025 [July 14th, 2025]
- Jan. 6 Rioters Are the New Hot Event in Town for Republicans - The Wall Street Journal - July 14th, 2025 [July 14th, 2025]
- Republicans and Democrats visited Alligator Alcatraz for the first time. Heres what they saw. - Politico - July 14th, 2025 [July 14th, 2025]
- Pollster: Republicans outnumber Democrats in number of active registered voters in Louisiana for first time - louisianaradionetwork.com - July 14th, 2025 [July 14th, 2025]
- Cortez Masto Blasts Republicans for Refusing to Fix the Provision in Their Tax Bill that Limits the Wagering Loss Deduction - Senator Catherine Cortez... - July 14th, 2025 [July 14th, 2025]
- Karoline Leavitt Just Made A Trump Claim So Ridiculous That Even Republicans Are Calling It Out - Yahoo - July 14th, 2025 [July 14th, 2025]
- Republicans Blame Canada for Wildfire Smoke Suffocating the U.S. - The New York Times - July 12th, 2025 [July 12th, 2025]
- Senate Republicans block attempt to roll back massive tax hike on professional gamblers - AP News - July 12th, 2025 [July 12th, 2025]
- Republicans run a risky strategy for holding the House that rests on redrawn maps - Politico - July 12th, 2025 [July 12th, 2025]
- As Texas Republicans prepare for mid-decade redistricting, cautionary tales loom from the past - The Texas Tribune - July 12th, 2025 [July 12th, 2025]
- Trump warns Republicans against rejecting cuts to PBS and NPR - The Hill - July 12th, 2025 [July 12th, 2025]
- Republicans probably shouldve read their far-right megabill before passing it - MSNBC News - July 12th, 2025 [July 12th, 2025]
- Republicans Are Changing Their Tune on Immigration: Poll - Newsweek - July 12th, 2025 [July 12th, 2025]
- Kelly: Republicans cut health care and food for AZ families so the wealthy could pay lower taxes - Arizona Mirror - July 12th, 2025 [July 12th, 2025]
- Think Democrats and Republicans can't work together? On sealing eviction records, they do. - Stateline - July 12th, 2025 [July 12th, 2025]
- How Republicans Rejected A Texas Flood Warning System - The Lever - July 12th, 2025 [July 12th, 2025]
- Texas Republicans have a brazen new plan to block Democrats from retaking the House in 2026 - Mother Jones - July 12th, 2025 [July 12th, 2025]
- Ron Faucheux: Will the Big Beautiful Bill sink Republicans? - NOLA.com - July 12th, 2025 [July 12th, 2025]
- The big, beautiful bill could get ugly for Republicans - The Hill - July 12th, 2025 [July 12th, 2025]
- Republicans push for business sanction on sanctuary cities - NJ Spotlight News - July 12th, 2025 [July 12th, 2025]
- Nicolle Wallace: Trump 'has turned Republicans in the Senate into ghosts' - MSN - July 12th, 2025 [July 12th, 2025]
- Jury finds former head of Island County Republicans guilty in Elections Office mask mandate case - Whidbey News-Times - July 12th, 2025 [July 12th, 2025]
- Charlie Kirk sounds the alarm on the biggest threat to Republicans holding the White House in 2028 - Fox News - July 12th, 2025 [July 12th, 2025]
- Jon Stewart Rips Republicans for Trying to Jedi Mind Trick Americans Into Thinking There Never Was an Epstein List | Video - Yahoo - July 12th, 2025 [July 12th, 2025]
- Republicans toe Trump line even in aftermath of deadly Texas floods - The Guardian - July 10th, 2025 [July 10th, 2025]
- Opinion | How Republicans can defy history and survive the midterms - The Washington Post - July 10th, 2025 [July 10th, 2025]
- What the Big, Beautiful Bill Reveals About Republicans - Slate Magazine - July 10th, 2025 [July 10th, 2025]
- Are Republicans bowing to Trump even more than they used to? - KCRW - July 10th, 2025 [July 10th, 2025]
- How Republicans sidelined the health care industry and pushed through historic Medicaid cuts - STAT - July 10th, 2025 [July 10th, 2025]
- Republicans urge US universities to cut ties with 'nefarious' Chinese-backed scholarship program - ABC News - Breaking News, Latest News and Videos - July 10th, 2025 [July 10th, 2025]
- Full List of Republicans Who Voted To Slash Weather Forecasting Funding - Newsweek - July 10th, 2025 [July 10th, 2025]
- Republicans are already getting hammered over the OBBB - Punchbowl News - July 10th, 2025 [July 10th, 2025]
- Will Republicans in Virginia pay a price for the One Big Beautiful Bill? Here's what the math shows. - Cardinal News - July 10th, 2025 [July 10th, 2025]
- These Republicans fought for green energy tax credits. Trumps latest order could threaten them - Deseret News - July 10th, 2025 [July 10th, 2025]
- 'Nefarious mechanism': Republicans issue stern warning to US universities against Chinese scholarship pro - Times of India - July 10th, 2025 [July 10th, 2025]
- Republicans Are Already Licking Their Lips at the Chance of Another Reconciliation Bill - NOTUS - July 10th, 2025 [July 10th, 2025]
- Republicans say 'big, beautiful bill' will address states with high SNAP payment error, including Colorado - Denver7 - July 10th, 2025 [July 10th, 2025]
- Opinion | Everyone Hates This Bill. Dan Osborn Could Make Republicans Pay for It. - The New York Times - July 8th, 2025 [July 8th, 2025]
- 'Big, Beautiful Bill': Which House Republicans voted against the bill? - FOX 5 DC - July 8th, 2025 [July 8th, 2025]
- 2 Ohio Republicans taking on their own party to protect access to marijuana - News 5 Cleveland WEWS - July 8th, 2025 [July 8th, 2025]
- Republicans just cut Medicaid. Will it cost them control of Congress? - Politico - July 8th, 2025 [July 8th, 2025]
- News Analysis: The healthcare cuts approved by Trump, Republicans go well beyond Medicaid - Los Angeles Times - July 8th, 2025 [July 8th, 2025]
- People Are Saying We Might Not Even Make It To The Midterm Election After Elizabeth Warren Tried To Give Hope About Republicans Having To "Face... - July 8th, 2025 [July 8th, 2025]
- Fake Weather, Fake Flooding: Republicans Are Spreading A Bizarre Conspiracy Theory After The Deadly Texas Floods - HuffPost - July 8th, 2025 [July 8th, 2025]
- WHAT THEY ARE SAYING: Trump & Congressional Republicans Big Ugly Bill Will Hurt American Families - New Democrat Coalition (.gov) - July 8th, 2025 [July 8th, 2025]
- What the Republicans New Policy Bill Means for Higher Education - The New York Times - July 8th, 2025 [July 8th, 2025]
- Republicans used to be the fiscally conservative party, but look at us now - Idaho Capital Sun - July 6th, 2025 [July 6th, 2025]
- Trump Goes on a Charm Offensive as He Woos Holdout Republicans - The New York Times - July 6th, 2025 [July 6th, 2025]
- U.S. Rep. Castor Statement on Republicans Big Ugly Bill That Will Inflict Outsized Harm & Raise Costs on Floridians - U.S. Representative Kathy... - July 6th, 2025 [July 6th, 2025]
- Opinion | Republicans may be cooking up a mess in Texas - The Washington Post - July 6th, 2025 [July 6th, 2025]
- Republicans, Democrats start gaming out Trump's tax-cut bill hit to 2026 elections - Reuters - July 6th, 2025 [July 6th, 2025]
- Republicans Pass the One Big Beautiful Bill Act Ahead of the July 4 Deadline - Akin Gump Strauss Hauer & Feld LLP - July 6th, 2025 [July 6th, 2025]
- These Republicans Savaged Their Partys Bill, Then Voted for It - The New York Times - July 4th, 2025 [July 4th, 2025]
- How Republicans Re-engineered the Tax Code - The New York Times - July 4th, 2025 [July 4th, 2025]
- Republicans passed the 'big, beautiful bill.' Will it come back to haunt them? - USA Today - July 4th, 2025 [July 4th, 2025]
- Congressional Republicans defy expectations and send megabill to Trump - Colorado Public Radio - July 4th, 2025 [July 4th, 2025]
- Why Republicans once staunchly opposed to Trumps bill changed their minds - PBS - July 4th, 2025 [July 4th, 2025]
- Texas Republicans vote to send GOPs tax and spending megabill to Trumps desk after threatening to tank it - The Texas Tribune - July 4th, 2025 [July 4th, 2025]
- The 2 House Republicans who voted no on Trump's sweeping domestic policy bill - ABC News - Breaking News, Latest News and Videos - July 4th, 2025 [July 4th, 2025]
- House Republicans pass their megabill, sending it to President Trump - Politico - July 4th, 2025 [July 4th, 2025]
- Jeffries calls out Republicans over Medicaid ahead of final megabill vote - Politico - July 4th, 2025 [July 4th, 2025]
- Which House Republicans voted against Trump tax bill? - USA Today - July 4th, 2025 [July 4th, 2025]
- These House Republicans Voted Against Trump's 'Big, Beautiful Bill' - Newsweek - July 4th, 2025 [July 4th, 2025]
- These are the 5 Republicans who voted against Trumps Big Beautiful Bill - AL.com - July 4th, 2025 [July 4th, 2025]
- Where Trumps massive policy bill stands in the House as some Republicans express concerns - PBS - July 4th, 2025 [July 4th, 2025]
- House Republicans expected to pass Trump's massive tax and policy bill by July 4 - NPR - July 4th, 2025 [July 4th, 2025]
- Republicans Vulnerable to Losing Their Seats After Voting Yes on Trump Bill - Newsweek - July 4th, 2025 [July 4th, 2025]
- Who were the 2 Republicans that voted against Trump's tax bill? - NBC 5 Chicago - July 4th, 2025 [July 4th, 2025]
- House Republicans advance Trump's tax-cut bill to a final vote - Reuters - July 4th, 2025 [July 4th, 2025]
- Congress passes Trump's tax and spending bill, with all four Colorado Republicans in the House voting "yes" - The Colorado Sun - July 4th, 2025 [July 4th, 2025]
- Republicans Just Passed the Worst Bill in Modern American History - Mother Jones - July 4th, 2025 [July 4th, 2025]
- Senate works a tense overnight session as Republicans seek support for Trumps big bill - PBS - July 4th, 2025 [July 4th, 2025]
- Article | Senate Republicans shock the House with a supercharged megabill - POLITICO Pro - July 4th, 2025 [July 4th, 2025]
- Senate Republicans struggle to push Trump's budget bill over the finish line - BBC - July 2nd, 2025 [July 2nd, 2025]
- Which Republicans Voted Against Trumps Bill in the Senate - The New York Times - July 2nd, 2025 [July 2nd, 2025]
- The Republicans who bucked Trump on his big bill: From the Politics Desk - NBC News - July 2nd, 2025 [July 2nd, 2025]
- Why Republicans are rushing to pass Trump's "big, beautiful bill" - MSNBC News - July 2nd, 2025 [July 2nd, 2025]
- House Republicans don't have the votes yet to pass Trump's megabill - CNBC - July 2nd, 2025 [July 2nd, 2025]
- Which Senate Republicans voted against Trump's tax and spending bill? - USA Today - July 2nd, 2025 [July 2nd, 2025]
- Fact-Checking Trump and Republicans on Proposed Tax Cuts in Policy Bill - The New York Times - July 2nd, 2025 [July 2nd, 2025]