Weapons of Mass Deregulation

In the WSJ, Kimberley Strassel discusses Donald Trump’s Weapons of Mass Deregulation. Could these unconventional weapons be a game-changer for US productivity?

On Wednesday, the Trump administration appeared to be setting in motion a project to review every regulation on the federal books that might be (1) unconstitutional, (2) a conflict with SCOTUS rulings, or (3) a cost imposition on private parties that isn’t outweighed by public benefits.

Nuke Offending Regs

With that 60-day review nearing an end, Mr. Trump this week ordered the next step: nuke the offending regs immediately.

Contrary to Public Interest

Trump seems to be leaning toward not noticing/commenting on the myriad steps that make getting rid of a regulation an arduous and often years-long process. Just look to the Administrative Procedure Act, where any perceived violation of which outside groups love to litigate to block change.

Reports Ms. Strassel: This week’s presidential memo to department and agency heads informs of a “good cause” exception in the APA, which applies when an agency finds that the process is “unnecessary” or “contrary to the public interest.”

Since “retaining and enforcing facially unlawful regulations is clearly contrary to the public interest,” the exception applies.

In a few weeks, when first agencies begin axing regulations overnight, watch heads explode.

James Freeman (WSJ) wonders if Ms. Strassel’s column initiates “a few pre-emptive explosions in the press corps, too.”

Imagine the manufacturing abundance that would flow from a zero-tariff, lightly regulated U.S. economy? Enough, warns Mr. Freeman, to guarantee blowing your mind.