Ninth Circuit Sides with Carr and Other AGs in Fight to Uphold Congressional Review Act

A higher court has backed Georgia Attorney General in a case to uphold the Congressional Review Act.

In March, Attorney General Chris Carr led a coalition of 13 state attorneys general in filing a friend-of-the-court brief in the United States Court of Appeals for the Ninth Circuit, defending the constitutionality of the Congressional Review Act (CRA), a federal law that provides Congress with a streamlined process for reviewing, and, if necessary, nullifying new regulations by federal agencies.  

Last week, the Ninth Circuit issued an opinion upholding the constitutionality of the CRA. The court echoed the arguments of the 13-state coalition in holding that the CRA and the joint congressional resolutions are consistent with separation-of-powers principles and otherwise do not violate the Constitution.

“Too often, federal regulations cause unjustifiable harm to the states, and Congress plays a critical role in acting as a check on administrative agencies,” said Attorney General Chris Carr. “We, along with our partner states, have consistently argued that the Congressional Review Act is a lawful and effective tool for reining in administrative overreach, and we are glad the Ninth Circuit upheld this position.”

State attorneys general from Alabama, Arizona, Arkansas, Indiana, Kansas, Louisiana, Missouri, Nebraska, Oklahoma, South Carolina, Texas and Utah also joined the amicus brief.

The case is Center for Biological Diversity v. David Bernhard, No. 18-35629 (9^th Cir.).  The states’ amicus brief and the Ninth Circuit’s opinion are available at law.ga.gov.