Tracy Burnett Talks to Capitol Gains About White House's Growing Control Over Independent Agencies

Morrison Cohen Litigation Partner Tracy Burnett was quoted in CQ’s Capitol Gains newsletter on one of the topline stories, “White House Tightens Grip on Independent Agencies.” The article discussed how President Trump has exerted more control over independent agencies, making the job of leading the Securities and Exchange Commission less autonomous.

While SEC Chair Gary Gensler was widely criticized by the financial industry for his aggressive rulemaking approach during the Biden administration, his successor, Paul Atkins, will not have as much latitude. On February 18, Trump signed an executive order that requires independent agencies, such as the SEC, to submit proposals and final rules to the Office of Management and Budget for approval. The order also says the president and attorney general have the final say on interpretations of law.

Tracy explained that the executive order is consistent with the Trump administration’s pursuit of the “unitary executive” theory, in which power is centralized in the White House. “The executive order is in line with everything else this administration has done thus far to rein in any kind of discretion outside the Oval Office,” she said.

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