Regulatory Reform – The Big Hole and the Administrative State

So, this week we are back to basics on regulatory reform. 2025’s foundational principle regarding this subject has long been that whomever is in charge of the Executive branch has an obligation to manage the Executive branch efficiently and expeditiously. Previous notes have advanced the view that the current Administration’s approach to regulatory reform offers the best prospects we have seen in the past several decades for actually achieving that goal. This note, on the other hand, identifies a big hole in the current system which allows manipulation by the Administrative State to enable the conduct of “business as usual.” The next newsletter will discuss ways to close the hole. This note identifies the problem and points out the need for short-term resolution.