Directing the Repeal of Unlawful Regulations

On April 9, 2025, the White House issued a memorandum aimed at promoting economic growth by directing the repeal of unlawful regulations. The memorandum highlights that unnecessary regulations impose significant costs on consumers and businesses, and it references recent Supreme Court decisions that have clarified the limits of agency authority. By issuing Executive Order 14219, the Administration requires executive departments to identify and take action to repeal regulations deemed unlawful within 60 days, prioritizing those that conflict with specific Supreme Court rulings.

The memorandum specifies that agency heads should utilize the ‘good cause’ exception of the Administrative Procedure Act to finalize repeals without the typical notice-and-comment process, where applicable. This approach is justified by the view that retaining unlawful regulations contradicts the public interest and that immediate action is necessary to comply with the law. Agencies must submit a summary of any regulations that are not targeted for repeal, providing an explanation for their decisions to ensure transparency in the process.

Through this directive, the Administration aims to streamline regulatory processes and eliminate outdated or illegal rules that may hinder innovation and economic progress. This initiative reflects a commitment to restoring constitutional fidelity and enhancing the efficiency of government operations, while also addressing the legal and regulatory landscape shaped by recent judicial rulings.

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