Historically OIRA, the Office of Information and Regulatory Affairs housed in the White House Office of Management and Budget, has not reviewed Executive Orders. The review process is usually reserved for the White House Counsel’s office and the Department of Justice. Both of the aforementioned institutions are staffed by extremely high caliber individuals; nonetheless they lack the day-to-day operating knowledge of OIRA with respect to the intricacies of the administrative state.
It is for this reason that the White House should amend its administrative process to submit proposed Executive Orders to OIRA for review and comment. The OIRA review should not be a public endeavor but in select instances could be subject to public comment. The downside of not adopting OIRA review of Executive Orders is set forth in this post.
