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Ilisa Halpern Paul Shares Insights With Bloomberg Law on Congressional Review Act and Overturning Health Regulations

January 12, 2021

Bloomberg Law turned to Ilisa Halpern Paul, MPP, president of the District Policy Group at Faegre Drinker, for insights on how the Congressional Review Act (CRA) may be used to overturn Health and Human Services Department (HHS) regulations under the Biden administration.

In the article “Democrats Weigh Nullifying a Select Few Trump Health Regulations,” Bloomberg Law noted that the CRA allows lawmakers to nullify federal regulations shortly after they’re enacted. It only requires a simple majority in each chamber to pass a resolution disapproving of a rule and effectively rescinding it.

“I think of the CRA as a legislative ‘in case of emergency break glass’ option for legislators,” said Halpern Paul. “It allows an incoming majority to quickly void recently promulgated regulations they feel warrant elimination quickly and swiftly.”

However, Halpern Paul added that “other changes need to be undertaken in a more deliberate manner — either through additional rulemaking or Congress could, if there are the votes, change regulation through statute.”