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Regulatory: Plan B - Obama Exercises Unilateral Executive Authority

With the loss of the House, the Obama Administration is shifting from a strategy based on obtaining new legislation to implement its policy priorities to an approach that relies upon the president's inherent authority to manage the executive agencies. The president has moved aggressively to implement new programs designed to appeal to his political base and whose effects are concentrated in states he has little chance of carrying in 2012.

In the week before Christmas, the Administration rejected the cautious political strategy of "triangulation" and unveiled three major policy initiatives despite strong Republican opposition. The only manner in which these initiatives can be blocked is through legislation denying funding to the implementing agencies.

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John Cooney

John F. Cooney is a partner in the Washington, D.C., office of Venable.

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