In an open letter to Vice President-elect Mike Pence, a number of major business organizations have protested the possibility of “midnight litigation” against American corporations in order to enforce some of the president’s job-killing proposals that the president-elect apparently plans to undo.
According to The Daily Signal, the undersigned businesses weren’t terribly worried about last-minute regulations set up by the Obama administration, because they can be undone by the Congressional Review Act once President-elect Trump takes office. However, litigation cannot be cancelled, making its effect potentially more lasting.
The signatories included the Competitive Enterprise Institute, Grover Norquist’s Americans for Tax Reform and the Campaign for Liberty, along with 29 other organizations..
“President-elect Trump promised to ‘make American great again’ and successfully argued that a rigged system has stymied growth, competitiveness and opportunity,” the letter read. “This is due in no small measure to the Obama administration’s war on business, which was again made apparent only days ago with the president’s executive action to ban offshore oil drilling in areas of the Arctic and Atlantic Oceans.
“The mountains of regulations promulgated by the current administration are a key reason economic growth has been dismally low. Litigation is another form of executive action that can have similar devastating impacts on American jobs and competitiveness and should be reviewed in the same manner that the transition is reviewing regulations.”
It then addressed Pence and Trump, beseeching them to not follow through on such litigation.
“Should the Obama administration bring non-routine, last minute, legally unorthodox midnight litigation, your administration should not hesitate to withdraw immediately from that litigation,” the letter read. “In such circumstances, the new administration should not be constrained by notions of deference and should not support suspect legal theories that could have devastating economic effects for decades to come.”
The Washington Examiner reported that the Obama administration put forth 3,853 new regulations during 2016, and few of them actually created jobs. Now that the Congressional Review Act would put new regulations in peril, they could resort to the highly unorthodox tactic of suing American corporations to achieve their agenda.
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