Agencies withdraw social policy regulations as term ends

The Biden administration withdrew a number of regulations designed to achieve many of its social policy goals, from expanding access to contraceptives to protections for the LGBTQ+ community. All of the regulations drew bitter opposition from conservative commentors and politicians. The issuing of these regulations late in Biden’s term was considered politically uncertain. Had the regulations been formally issued, they would have been exposed to repeal under the Congressional Review Act (CRA) by a Republican Congress and president. As a result, many who support the goals of the withdrawn regulations criticized the Biden administration for acting without the required dispatch and resorting to “virtue signaling” rather than more focused efforts to promulgate important rules. The rule requiring over-the-counter sale of contraceptives was proposed only a week before the 2024 election.

Many of the withdrawn rules were aimed at limiting the breadth of exemptions from discrimination and inclusion laws granted in the past to groups having or claiming a religious affiliation. Securing transgender rights, protecting abortion access, and institutionalizing diversity, equity, and inclusion (DEI) were also the aim of some of the withdrawn rules.

Importance of avoiding CRA repeal

Avoiding repeal under the CRA is a critically important maneuver. Any regulation issued within 100 legislative days of the end of a Congressional session (roughly after early August 2024) is subject to a Congressional veto, with only a majority vote of each party (with no filibuster allowed) and a presidential signature needed.