In a decisive move to streamline federal governance, President Donald J. Trump has issued a Presidential Memorandum instructing all executive departments and agencies to identify and repeal regulations deemed unlawful under ten recent landmark Supreme Court rulings. This directive builds upon Executive Order 14219, titled “Ensuring Lawful Governance and Implementing the President’s ‘Department Of Government Efficiency’ Deregulatory Initiative,” signed on February 19, 2025.
Leveraging Supreme Court Precedents
The memorandum emphasizes the necessity for agencies to align their regulatory frameworks with the constitutional boundaries reaffirmed by the Supreme Court. Notably, decisions such as West Virginia v. EPA, Loper Bright Enterprises v. Raimondo, and SEC v. Jarkesy have curtailed expansive interpretations of agency authority, underscoring the importance of adhering strictly to legislative mandates.
Expedited Repeal Process
To facilitate prompt action, the memorandum authorizes agencies to utilize the “good cause” exception under the Administrative Procedure Act (APA), allowing them to bypass the standard notice-and-comment rulemaking process when repealing regulations that conflict with the cited Supreme Court decisions. This approach aims to eliminate unlawful regulations efficiently, minimizing bureaucratic delays.
Focus on Anticompetitive Regulations
In conjunction with this initiative, President Trump has directed the Federal Trade Commission (FTC) to spearhead a government-wide effort to rescind or modify federal regulations that hinder competition, entrepreneurship, and innovation. This directive extends beyond the FTC’s purview, encompassing all federal regulations that may have anticompetitive effects, thereby promoting a more dynamic and competitive economic environment.
Implications for Federal Agencies
Agencies are now tasked with a 60-day review period to assess existing regulations in light of the specified Supreme Court decisions. Following this assessment, they are expected to take immediate steps to repeal or revise regulations that exceed statutory authority or are otherwise deemed unlawful. This concerted effort reflects the administration’s commitment to ensuring that federal regulations operate within the confines of constitutional and legislative parameters.
President Trump’s directive marks a significant shift toward reinforcing the rule of law within federal regulatory practices. By aligning agency actions with recent Supreme Court rulings and expediting the repeal of unlawful regulations, the administration aims to foster a more accountable and constitutionally grounded federal bureaucracy.