The Biden Administration’s New Regulation Superweapon

President Joe Biden speaks as Vice President Kamala Harris listens during a visit to the State Department in Washington, D.C., February 4, 2021. (Tom Brenner/Reuters)
An executive action wholly transforms the mission of a little-known office, no doubt to swell the administrative state.

NRPLUS MEMBER ARTICLE T ucked away in the avalanche of President Biden’s early executive actions is the little-noticed but momentous creation of a new regulatory super-agency. Under the guise of “Modernizing Regulatory Review,” the Office of Information and Regulatory Affairs (OIRA) has just been given, through executive fiat, the charge of using federal regulatory authority to achieve administration goals. OIRA’s transformation from a check on agency excess to a pro-regulatory arm of the federal bureaucracy has significant implications for the power of the administrative state, and ultimately, for how Americans are governed.

OIRA began as a check on agency authority and is best known for

Erin Hawley is a senior legal fellow at Independent Women’s Law Center and a senior fellow at the Kinder Institute for Constitutional Democracy.

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