February 10, 2016

Charting Midnight Regulation Before Dawn: Part 1

From: American Action Forum

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“Midnight” regulation refers to the historical rush of federal rules after Election Day and before the next president takes the oath of office. As a president leaves, if they are replaced by a president of a different political party, there will be an incentive to cement as many regulatory priorities as possible. The charts below track “economically significant” and all rulemakings issued during the midnight period between 1997 and 2012. As the data demonstrate, the last two political transitions in the White House (2000 and 2008) resulted in abnormally high regulatory activity.“Midnight” regulation refers to the historical rush of federal rules after Election Day and before the next president takes the oath of office. As a president leaves, if they are replaced by a president of a different political party, there will be an incentive to cement as many regulatory priorities as possible. The charts below track “economically significant” and all rulemakings issued during the midnight period between 1997 and 2012. As the data demonstrate, the last two political transitions in the White House (2000 and 2008) resulted in abnormally high regulatory activity.

 

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