Some advocates, therefore, try to use a tactic left-leaning advocates have employed — avoiding Congress by relying on a Federal Register public comment method that can slow down order or even beat it by popular criticism, the Washington Examiner reported Thursday.
"What I hear so much while I'm on the road is, 'What can we do to impact the Biden regime?'" Heritage Action Executive Director Jessica Anderson told the Examiner.
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"There's a lot of frustration where people feel like they're calling a member of Congress and nothing happens because Republicans don't have control."
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The 1946 Administrative Procedures Act includes conditions for publishing proposed and final rulemaking notices in the Federal Register — the U.S. government's daily journal — and provides opportunities for the public to comment.
"We should have been doing this a long time ago," Anderson told the Examiner. "It's really significant, and we're at a turning point now where voters can weigh in and hopefully make a difference."
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Biden has abused executive orders to try to execute federal mask and vaccine mandates and the Securities and Exchange Commission's climate disclosure rule, the SEC's suggested rule that would compel companies to disclose climate-related risks, which is up for public comment through June 17. Heritage has issued a toolkit and a link to submit comments.
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Biden has also used the tactic for a pro-transgender understanding of Title IX, which prohibits sex (including pregnancy, sexual orientation, and gender identity) discrimination in education programs that receive federal financial assistance.
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Public remarks aren't being accepted for the pro-transgender interpretation of Title IX, but steps to solicit and teach voters how to weigh in are on the Federal Register.
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Anderson's group used the tactic last summer after the Department of Education proposed plans to fund grants for programs based on Critical Race Theory.
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Heritage pushed a toolkit and sent activists to the Federal Register, the Examiner reported.
The Education Department walked back its plans after more than 35,000 public comments were sent in on the proposed rule.
Proposed Occupational Safety and Health Administration rules mandating vaccine mandates among private employers also prompted such a response, with more than 68,000 mostly negative comments being submitted before the courts struck down the rule.
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The federal mask mandate was beaten down, partially because it circumvented the required comment period for federal rule-making. The administration also decreased the typical two-month comment process to just one month for proposed rules regarding charter schools.
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"By engaging more forcefully and strategically in their rule-making process, we'll be in the position to point out when the Biden administration is trying to circumvent and prevent Americans from weighing in," Anderson told the Examiner.
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