The Courts’ Take on Obama-Era Regs: You are Erased

Abstract

It is at this point axiomatic that the Trump administration has a general deregulatory bent and that the administration is intent on reversing significant portions of the Obama administration's regulatory activity regarding financial, economic and business matters. Interestingly, however, it is starting to seem that courts may pose another major risk to the survival of some Obama-era initiatives. In particular, several courts have determined that certain Obama-era regulatory efforts are suspect — and indeed ultimately invalid — as a purely legal matter.‎ In this article, the authors explore these developments.