1. Home
2. Daily News
3. In ‘power move’ over independent agencies,…

Administrative Law

In ‘power move’ over independent agencies, Trump demands review of proposed regulations

By Debra Cassens Weiss

February 21, 2025, 9:47 am CST

President Donald Trump issued an executive order Tuesday that requires all agencies to submit proposed regulations to the White House for review, with no carve-out for independent agencies.

The Feb. 18 executive order applies to “so-called independent agencies,” such as the Federal Trade Commission. the Federal Communications Commission, and the Securities and Exchange Commission, according to a White House fact sheet. The only agency not fully included in the mandate is the Federal Reserve, which still has the power to make decisions about monetary policy.

The order also gives the Office of Management and Budget the power to adjust funding for the agencies based on presidential priorities. It also states that a president and the U.S. attorney general will interpret the law for the agencies.

Law.com, Law360 and the New York Times have stories.

“This is a power move over independent agencies, a structure of administration that Congress has used for various functions going back to the 1880s,” said Peter M. Shane, a legal scholar in residence at the New York University School of Law, in an interview with the New York Times.

According to the New York Times, the executive order and Trump’s firings of independent agency leaders “constitute a major front in the president’s assault on the basic shape of the American government and his effort to seize some of Congress’ constitutional power over it.”

Write a letter to the editor, share a story tip or update, or report an error.

1. Home
2. Daily News
3. Will diversity policy affect hiring of independent…

Diversity

Will diversity policy affect hiring of independent monitor in Boeing case? Federal judge wants to know

By Debra Cassens Weiss

October 17, 2024, 11:11 am CDT

A federal judge considering a proposed plea agreement between Boeing and the U.S. Department of Justice wants to know how diversity, equity and inclusion policies will influence the selection of a monitor to assess compliance.

In an Oct. 15 order, U.S. District Judge Reed O’Connor of the Northern District of Texas ordered briefing on the issue, report Reuters and the Associated Press.

Reed wants to know “what role Boeing’s internal focus on DEI impacts its compliance and ethics obligations,” the order said.

He also wants the government to explain how its diversity policy “furthers compliance and ethics efforts” and how it will be used in selecting a monitor.

The AP described Reed as “a favorite of conservative lawyers looking for a court to hear their lawsuits against policies issued by Democratic presidents.” He is an appointee of former President George W. Bush.

The deal before O’Connor calls for Boeing to plead guilty to conspiracy to defraud the United States for misleading the Federal Aviation Administration about a new flight-control system. The technology allegedly played a role in plane crashes that killed 346 people.

The deal calls for Boeing to pay a $487.2 million fine, with credit for $243.6 million Boeing previously paid under a deferred prosecution agreement, according to a July government court filing. The deal also calls for Boeing to spend at least $455 million on compliance and safety programs over a three-year probationary period. The monitor would be chosen by the government with feedback from Boeing.

The AP spoke with John C. Coffee Jr., a professor at Columbia Law School, about Reed’s inquiry into DEI policies.

“I do not see this as a strategic move but as a detour motivated by the court’s skepticism of DEI,” Coffee said.

Hat tip to the Volokh Conspiracy, which linked to the order in a post by Paul Cassell, a professor at the University of Utah S.J. Quinney College of Law.

Cassell represents families of crash victims and thinks that the deal fails to hold Boeing accountable for the deaths.