William F. Demarest, Jr., partner at Husch Blackwell LLP, outlines arguments that may be used to challenge the constitutionality of the Regulations from the Executive in Need of Scrutiny (REINS) Act of 2017 (H.R. 26). The bill, which is sponsored by Rep. Doug Collins (R-Ga) and passed the House in January by a vote of 237 to 187, would grant Congress new authority to conduct oversight of federal agency rules. Demarest asks whether the REINS Act can satisfy the Supreme Court's precedent in Immigration and Naturalization Service v. Chadha. The paper also asks how the bill's joint resolution character and its use of the term "approval" instead of "disapproval" may impact its constitutionality. Lastly, Demarest explores the question of severability and the REINS Act’s relationship to other similar bills.
To view the full paper, which is being reprinted with permission from Husch Blackwell LLP, please click here.
Attorneys: William F. Demarest, Jr. (Husch Blackwell LLP).
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