Failing to report many of the rules is a technical violation of the statute, and the law says they cant take effect, according to Robert Cramer, GAOs managing associate general counsel.There's always impeachment.But theres another catch: Congress also barred such rules from judicial review. Two federal appeals courts and two district courts have upheld this principle even when the regulation in question was not submitted to Congress as required. That means neither lawmakers nor the courts can step in and demand that agencies submit the required paperwork.
Nope, not always. Not when partisanship instead of the rule of law rules the day. And not when the rats control the senate.