Republicans are aces when it comes to taking obscure rules and using them to kick democracy where it hurts. Before Trump dropped into the White House between rounds of golf at Mar-a-Lago, the Congressional Review Act had been used just a single time. George W. Bush pulled it out in 2001 to kill an ergonomics rule at the Department of Labor (So if your back is hurting, you know who to thank). On three other occasions, Republicans in Congress brought a CRA bill to Bush over some Clinton-era rule, but Bush vetoed those bills.
Under President Obama, not a single CRA bill was implemented. That’s because during his first term Republicans in Congress were all in favor of the numerous rules the Bush administration dropped to remove safety rules, weaken environmental law, and crank up “security.” And later when they pulled it out several times to attack Obama’s own bills, the president quashed those attempts.
However, with Trump ready to sign anything that drops in front of him, Congress has been on a CRA tear. In the first 11 weeks of Trump in the White House, Congress matched him week-for-week, passing 11 bills under the CRA that repeal rule changes made by the Obama administration.
In fact, those 11 CRA resolutions are the only substantive bills Trump has signed so far; it’s quite possible that the CRA will produce the entire legislative legacy of his first 100 days.
Trump’s first 100 days may do nothing at all but erase actions taken by the Obama administration. Which suits Republicans right down to the toxic, soot-covered ground.
What kind of things have they gone after? It’s a good list of Republican priorities.
1.) They’ve crushed a rule that forced energy companies to reveal when they were bribing foreign governments.
Trump’s very first CRA bill was an anti-anti-corruption measure, blocking an Obama effort to force oil companies to disclose payments to foreign governments; Secretary of State Rex Tillerson had personally lobbied against the rule as CEO of ExxonMobil, telling lawmakers that undisclosed payments were vital to Exxon’s business in Russia.
2.) They made it easier for coal companies to dump waste into streams and rivers and conduct mountaintop removal mining.
3.) They removed a rule that said anyone who had been declared mentally incapable of managing their own assets should not be able to buy a gun.
4.) They removed requirements that defense contractors obey labor laws.
5.) They limited the ability of the government to restrict the use of federal lands.
6.) The killed accountability on state education targets for elementary and secondary schools.
7.) While they were at it, they killed rules on teacher training.
8.) They made it easier for states to drug test people before they could get unemployment pay.
9.) They made it legal to shoot hibernating bears and wolves in National Wildlife Refuges (yeah, they really did).
10.) They weakened rules that employers have to keep track of employee injuries and illness.
11.) They made it legal for communications companies to sell your Internet history without your permission.
The highest-profile CRA bill so far gave internet service providers permission to track and sell their customers’ data without permission; a YouGov poll found 74 percent of the public wanted Trump to veto it, while 11 percent thought he should sign it, but he signed it without fanfare last Monday night.
Those are just the things that they’ve already signed. CRA bills currently in the works include a fresh attempt to hurt Planned Parenthood, relaxing rules around oil and gas production, and making it harder for employees to seek representation for labor issues.
So far Trump has vetoed not a single bill brought to him, so expect Congress to keep these flowing. Because of the rules around the CRA, these bills can pass through the Senate on a simple majority. As long as Republicans can find an Obama rule to attack, they will keep these coming.
Of course, there’s always the chance that Trump will forget to sign them.
