Biden’s Misstep Exposes the Deep State’s Vulnerability
In a last-minute effort to solidify authority before a potential shift in power, the Biden administration’s Department of Justice made a critical error. On January 17th, they introduced a rule aimed at preserving the power of federal agencies to issue “guidance”—unofficial directives that carry the weight of regulation. However, this move has backfired, unintentionally revealing a significant weakness in the administrative state’s framework.
For years, unelected bureaucrats have wielded “guidance” as a tool to enforce de facto regulations, bypassing traditional legislative processes. These directives have influenced a wide range of policies, from linking school lunch programs to gender identity rules to pressuring school administrators over disciplinary actions. While these measures have often been controversial, they have largely operated unchecked—until now.
In their attempt to shield this power from potential interference by a future Trump administration, Biden’s DOJ has inadvertently opened the door to a powerful countermeasure: the Congressional Review Act (CRA). This legislative tool allows Congress to overturn agency rules with a simple majority vote. More importantly, once a rule is struck down under the CRA, it cannot be reinstated without entirely new legislation. This means that the very “guidance” powers Biden sought to protect could now be permanently dismantled.
The implications of this oversight are profound. Congress now has the opportunity to strip federal agencies of their ability to impose coercive “guidance” directives, effectively curtailing the administrative state’s influence. This development could mark a significant shift in how federal agencies operate, placing more power back in the hands of elected officials rather than unelected bureaucrats.
In an ironic twist, Biden’s administration may have handed Trump and his allies the very blueprint they need to dismantle the deep state’s entrenched mechanisms. What was intended as a protective measure has instead become a potential roadmap for reform, setting the stage for a dramatic reconfiguration of federal agency power.