Client Alert: A New Day for the CRA
Publications
January 22, 2022
Only 19 days in, the 117th Congress has already taken its place in history. On January 3, 2021, the 117th Congress was sworn in, expecting to begin its work with a divided government: a Democrat-controlled House of Representatives and Republican-controlled Senate. Just two days later, however, runoff elections in Georgia completely upended that calculus after Reverend Raphael Warnock and Jon Ossoff pulled off improbable victories in their respective elections, giving Democrats (who count two Independents among their caucus) 50 Senate seats and, with Vice President Kamala Harris as the tie-breaking vote, the Senate majority. With Joe Biden as President, Nancy Pelosi as Speaker of the House, and Chuck Schumer as the Democratic Leader of a tied Senate, the Democrats have unified control of the executive and legislative branches for the first time since 2011. This gives Democrats a unique tool to quickly unwind regulatory actions undertaken by the outgoing administration that could otherwise take years through the regular rulemaking process—the Congressional Review Act (CRA), 5 U.S.C. § 801. This article walks through how the CRA works in practice and what Trump-era midnight regulations are most likely to find their way to the chopping block.
To read the full alert, click here.
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
Publications
January 22, 2022
Only 19 days in, the 117th Congress has already taken its place in history. On January 3, 2021, the 117th Congress was sworn in, expecting to begin its work with a divided government: a Democrat-controlled House of Representatives and Republican-controlled Senate. Just two days later, however, runoff elections in Georgia completely upended that calculus after Reverend Raphael Warnock and Jon Ossoff pulled off improbable victories in their respective elections, giving Democrats (who count two Independents among their caucus) 50 Senate seats and, with Vice President Kamala Harris as the tie-breaking vote, the Senate majority. With Joe Biden as President, Nancy Pelosi as Speaker of the House, and Chuck Schumer as the Democratic Leader of a tied Senate, the Democrats have unified control of the executive and legislative branches for the first time since 2011. This gives Democrats a unique tool to quickly unwind regulatory actions undertaken by the outgoing administration that could otherwise take years through the regular rulemaking process—the Congressional Review Act (CRA), 5 U.S.C. § 801. This article walks through how the CRA works in practice and what Trump-era midnight regulations are most likely to find their way to the chopping block.
To read the full alert, click here.
Related Lawyers
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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