The Washington Post reports:
Over the past 2-1/2 years, the Obama administration has published hundreds of rules — on how wheelchairs should be stowed aboard U.S. aircraft, how foreign trade zones should be regulated, how voting assistance should be provided for U.S. citizens overseas and so on.
There’s a problem, however: Technically speaking, these and about 1,800 other regulations shouldn’t be in effect, because they weren’t reported to Congress as required. Yet there is little that lawmakers or the courts can do about it. . .
Under a 1996 statute, most federal rules are supposed to be reported to the House and Senate in paper form and to the Government Accountability Office electronically. But since the start of 2012, that hasn’t happened for many of the regulations put out by the Obama administration, either because of bureaucratic oversight or because they were considered too minor to be reported. . .
But there’s 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. Since Congress cannot pass a resolution of disapproval for a rule until it receives it, this means neither lawmakers nor the courts can step in and demand that agencies submit the required paperwork.