Download this Working Paper (PDF) -- Forthcoming in the Administrative Law Review journal
Abstract
The Biden-Harris Administration will enjoy many important successes in its early days. The Executive Orders and Guidance Documents it will issue on or shortly after inauguration day will come close to restoring the regulatory environment that existed when President Trump took office. But the progressive agenda will be on hold, at least as long as Republicans control the Senate. Legislation will be rare or nonexistent, and the new administration will have trouble filling key positions. New regulations to achieve the bold actions that President Biden envisions must be well-justified and defended to survive judicial review.