Democrats currently have an opportunity to swiftly erase much of the damage that Donald Trump’s administration inflicted on workers, consumers, immigrants, the environment, and pretty much every vulnerable group in the country. But this opportunity will not last forever; in fact, the window is closing quickly, and will slam shut by early April. Yet Democrats have shown virtually no interest in seizing the moment. They are, in short, refusing to use one of the most powerful tools they received upon winning control of Congress.
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That tool, the Congressional Review Act (or CRA), is a powerful yet obscure law passed in 1996. It allows a new Congress to roll back the clock on the previous president’s regulatory agenda. Every administration issues new rules on a vast variety of issues—the Department of Labor sets overtime standards, the Environmental Protection Agency restricts toxic chemicals, and so on. By favoring large corporations and industries, Trump’s regulations consistently authorized more pollution, labor abuse, consumer fraud, and housing discrimination. The CRA allows lawmakers to fast-track repeals of Trump regulations that were finalized in the last months of the administration. It requires a simple majority vote in Congress plus the president’s signature. And, crucially, it is not subject to the filibuster in the Senate.