But a Democratic Congress is unlikely to entertain regulatory reform, and certainly not stoop to working with Trump on it apart from perhaps some half-hearted tweaks accompanying big infrastructure spending. For that reason I have been suggesting a new “iconic” executive order on guidance, since most law is from agencies now, not Congress. In 2018, there were 313 laws passed by Congress and signed by Trump, but 3,368 rules and regulations, not even counting guidance.
By “iconic” I mean one that would have the staying power of Ronald Reagan’s 1981 E.O. 12291 on regulatory review and oversight and (some) cost-benefit analysis. Jim Tozzi of the Center for Regulatory Effectiveness used this apt term to describe the Reagan order.