Tracking Major Rules in the Courts
Presidents enact large parts of their agendas through federal agencies' rules, but these are often challenged in court. This project explores how often major rules are challenged in federal court and how they’ve fared in litigation across time.
This study covers all 1,870 major rules issued from 1996, when the Congressional Review Act (CRA) was enacted, through the end of the Trump Administration. We also provide results on initial challenges to the Biden Administration’s major rules. The CRA’s enactment provided the starting point because it created the “major rules” category. We coded each major rule for several variables, including the administration and agency that issued the rule. Using legal databases, we then determined how many of those major rules were challenged in court and how they fared. Our full academic article provides more detail on the methodology.
Last updated 06/21/2024.
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Challenge Rates
How often are major rules challenged?
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Agency Win Rates
How do rules fare based on the agency that issued them?
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Presidential Win Rates
How do rules fare based on the administration that issued them?
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Forum Shopping
In which courts are most challenges filed?
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Biden Rules Through 2023
How have Biden rules fared through 2023?
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Other Analyses
Additional analysis of partisan trends, remand without vacatur, and Chevron deference