Executive Order 14219

This Executive Order represents a significant and aggressive move to reshape the relationship between the Executive and the regulatory state. By embedding a politically driven entity (DOGE) into the core regulatory review process, centralizing authority in OMB, and using subjective standards like 'best reading' and 'Administration policy' to guide enforcement, the order consolidates power in the White House and challenges traditional constitutional boundaries. The 60-day timeline and broad scope of the review suggest a rapid, potentially less deliberative approach to dismantling existing regulations. While some actions may be routine, the overall effect is a notable shift in the balance of power, warranting close monitoring for potential constitutional and democratic implications.

• The integration of DOGE Team Leads into the regulatory review process, potentially introducing non-legal, political criteria into the process.
• The use of 'Administration policy' as a standard for terminating enforcement proceedings, which could override legislative intent.
• The 60-day timeline for identifying and reviewing a vast number of regulations, which may lead to rushed decisions and reduced public input.
• The broad exemptions, particularly the 'anything else' clause, which create uncertainty and potential for selective application.

• Monitor the specific regulations identified and rescinded under this order to assess the scope and impact of the 'deconstruction' of the administrative state.
• Watch for judicial challenges to the order, particularly regarding the non-delegation doctrine and the use of 'Administration policy' as a legal standard.
• Evaluate the role of DOGE Team Leads in the regulatory review process to determine if they are introducing non-legal, political criteria.
• Assess the impact of the 60-day timeline on the quality and deliberateness of the regulatory review process.
• Review the 'Unified Regulatory Agenda' developed by OIRA to understand the White House's overall strategy for reshaping the regulatory state.