December 31, 2016
The Obama administration, which is planning to unleash billions of dollars of new last minute regulations to shore up the president’s legacy, is now also readying “midnight litigation” targeting businesses, lawsuits that are expected to kill jobs.
In advance of that move, several pro-business and anti-tax groups are urging the incoming Trump administration to junk the lawsuits on Day One.
In a letter to transition chief Mike Pence, the vice president-elect, the groups warned, “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, provided to Secrets and signed by groups such as Americans for Tax Reform, Frontiers of Freedom, and the Competitive Enterprise Institute, added, “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 letter revealed the administration’s plans.
“It has come to our attention that a number of departments and independent agencies are working furiously behind closed doors to bring significant, legally tenuous litigation against American business interests before January 20, 2017. Doing so will saddle the Trump administration with having to litigate cases based on job crushing liberal legal theories. Such ‘midnight litigation,’ particularly litigation that does not concern imminent threats to health or safety, must receive the strictest of scrutiny from the transition, and we urge the new administration in the strongest possible terms not to treat such litigation with deference.”
Unlike regulations, which the Congress can overturn, lawsuits can only be stopped by the administration, which is why the warning letter was sent to Pence.
View the letter here.