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A new White House memorandum directs the executive branch to review and repeal “unlawful regulations. The memo notes that recent Supreme Court decisions—e.g., Loper Bright—have recognized the constitutional boundaries of agency actions. Despite these decisions, however, regulations that contravene the court decisions remain on the books. Accordingly, the memo orders executive agencies to identify unlawful and potentially unlawful regulations and to immediately take steps to effectuate their repeal. It directs agencies to repeal the rules outside the notice and comment process.
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