Soft Law Reform or Executive Branch Hardball: The Ambiguous Message of Executive Order 13,422

Executive Order (EO) 13,422 was promulgated by George W. bush without explanation. While the Bush Executive Order was supported by long-time proponents of regulatory analysis, pro-regulatory groups, who are suspicious that regulatory analysis is a cover for deregulation, were outraged. Not too surpr...

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Bibliographic Details
Published in:Yale journal on regulation 2008-01, Vol.25 (1), p.97
Main Author: Mashaw, Jerry L
Format: Article
Language:English
Subjects:
Congressional elections
Constitutional law
Executive orders
Federal regulation
Judicial reviews
Political appointments
Political power
Politics
Presidents
Public administration
Regulatory agencies
Regulatory reform
Online Access:Get full text
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Summary:Executive Order (EO) 13,422 was promulgated by George W. bush without explanation. While the Bush Executive Order was supported by long-time proponents of regulatory analysis, pro-regulatory groups, who are suspicious that regulatory analysis is a cover for deregulation, were outraged. Not too surprisingly, OMB Watch concluded that EO 13,422 and the OMB Bulletin on Good Guidance Practices represented dangers both to the constitutional system and to the health and safety of all Americans. Public Citizen saw the Order as a scheme to undermine not only the knowledge and expertise of regulatory agencies, but also the ability of the 110th Congress to protect the public from health and safety hazards. It even implied that the White House was giving itself the power to roll back the Democratic gains in the 2006 congressional election, at least where domestic regulatory policy was at issue.
ISSN:0741-9457
2376-5925