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by PTRFRLL 3381 days ago
> Once a rule is thus repealed, the Congressional Review Act (CRA) also prohibits the reissuing of the rule in substantially the same form or the issuing of a new rule that is substantially the same, "unless the reissued or new rule is specifically authorized by a law enacted after the date of the joint resolution disapproving the original rule" (5 U.S. Code ยง 801(b)(2))

The CRA allows the rules to be recreated if given explicit authorization from a law by congress. So they can be put back in place, just not as easily.

1 comments

That's encouraging at least. Obviously this doesn't make the ruling any less serious, but it doesn't sound as permanent as most of these articles make it sound.
It's as permanent as you can make law without amending the Constitution.
[EDIT]: (deleted)

Sorry, I misread that s/he was talking about the bill rather than the administrative rule change that happened first.

No, Congress is removing the FCC's authority to make rules on this topic. It would take an act of congress to give it back.
Sorry, I misread that this was talking about the bill rather than the administrative rule change that happened first.