EDITORIAL: Congressional review

A little-used law passed two decades ago as part of the GOP “Contract with America” may finally get a workout thanks to Barack Obama’s fondness for the job-killing regulatory state.

With only three weeks left in his presidency. Mr. Obama and administration bureaucrats have been eagerly ramming through various rules intended as a one-finger salute to Donald Trump and congressional Republicans. In the past few weeks, various agencies have issued edicts covering energy exploration, green fuel mandates, methane standards and coal plants. The price tag for the private sector could hit $5 billion.

As Wall Street Journal columnist Kimberly Strassel pointed out last week, it’s not unusual for lame duck presidents of either party to pack the Federal Register as they head out the door. But the sheer volume and expense of Mr. Obama’s meddling make most previous chief executives “look like pikers,” Ms. Strassel argues.

Mr. Trump has vowed to overturn many of these so-called midnight regulations. But the task is difficult and a president can do only so much unilaterally.

Enter the Congressional Review Act.

In 1994, Republicans gained control of the U.S. House for the first time in 40 years, largely on the strength of the “Contract with America,” written by Newt Gingrich and Dick Armey. The document outlined a GOP agenda that included reforms intended to make Congress more accountable and transparent, while preaching fiscal discipline and regulatory restraint.

One of those reforms was the Congressional Review Act, which created a 60-day period during which the House and Senate could overturn executive branch rules as long as the president did not veto such resolutions. But the tool has been used successfully only once, The Hill reports, largely because it’s highly unlikely that a president who imposed an administrative rule would sign a bill to kill it.

But Mr. Trump’s election, along with Republican control of Congress, has created a confluence of events that would allow the GOP to go after scores of edicts issued by Mr. Obama during the latter half of this year. “It’s a truly target-rich environment and a historic opportunity for Congress to limit the growth of red tape,” wrote James L. Gattuso of the Heritage Foundation in a Washington Times commentary.

Even more promising, if Congress uses the act to strike down a rule, the issuing agency is barred from reviving the regulation in the future.

Mr. Trump is sworn in on Jan. 20. House and Senate Republicans should use the Congressional Review Act to have something on his desk within hours after the inauguration.