Congressional Republicans are planning a strategy to role back Obama Administration regulations by denying the implementing agency appropriations to implement the rule. The departing Democratic Congress illuminated this pathway by taking similar steps to force the President to cave on his policy for trying Guantanamo detainees.
Shortly before it adjourned, Congress adopted the National Defense Authorization Act for 2011, which authorized a year's spending by the armed forces. One provision of that massive law, adopted over strong Administration objections, barred the use of appropriated funds for the purpose of transferring Guantanamo detainees into the United States. It thereby eliminated the President's policy discretion to determine when and where foreign prisoners should be prosecuted.