Stuart M. Gerson, a Member of the Firm in the Litigation and Health Care & Life Sciences practices, in the firm’s Washington, DC, and New York offices, was quoted in Modern Healthcare, in “Congressional Republicans Eye Obscure Law as a Tool for Quickly Voiding ACA Rules,” by Harris Meyer.
Following is an excerpt:
Stuart Gerson, a former top Justice Department official in the George H.W. Bush and Clinton administrations who’s now a partner at Epstein Becker & Green, said he expects congressional Republicans to try using the law. “On its face, there’s a great deal of logic behind it,” he said. “But does the [Congressional Review Act] truly entitle Congress to override executive branch prerogative? We don’t know the answer because it’s never been tested.” …
Two legal experts, however, told me that federal agencies during the Obama administration almost certainly filed reports to Congress on key rules implementing the ACA and other laws. “I don’t know the count, but a substantial number of regulations did have a legislative report,” Gerson said.