Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Banning former members of Congress from lobbying won’t fix what’s wrong with lobbying

Opinion

Revolving door

Shutting down the revolving door between Congress and K Street will not solve problems, only make them worse, writes Delancey.

DNY59/iStock/Getty Images Plus

DeLancey is the co-founder and CEO of Lobbyists 4 Good, a crowdfunding platform that enables individuals to hire lobbyists.

Twitter was abuzz last month when a group of unlikely allies – Rep. Alexandria Ocasio-Cortez, Rep. Chip Roy, Sen. Ted Cruz, and Sen. Brian Schatz – promised to work together on legislation that would ban former members of Congress from becoming lobbyists.

While their intentions are obviously good, and they should be applauded for their efforts, banning former members of Congress from becoming lobbyists will do little to achieve their goal of "draining the swamp" and reducing corporate influence on politics.


Overlooking, for a minute, the fact that a lifetime ban on lobbying has almost no chance of being passed, any such law would almost certainly be struck down by the Supreme Court as unconstitutional. The First Amendment states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

The last part, the right to petition the Government for a redress of grievances, is the reason why lobbying is legal. It gives every U.S. citizen, corporation, association, nonprofit, and even local and state governments the right to petition Congress.

Even if Congress could pass a lifetime ban, and was found constitutional, such a law would do little to prevent former members of Congress from influencing their one-time colleagues. The rules governing lobbying registration have so many loopholes that former members of Congress can become "policy advisers" or "senior council" for lobbying firms without actually having to register as lobbyists.

Without closing these loopholes, a lifetime lobbying ban would just push lobbying further into the shadows, something that has been gradually occurring for the past 15 years. Members of Congress would still be influencing Congress, but the issues they are working on, and who is paying them to do so, would be hidden from the public.

Congress would also need to make sure the laws governing registration are actually enforced. A recent Government Accountability Office report found that the Department of Justice only has one part-time attorney assigned to the office that enforces the Lobbying Disclosure Act, leaving a staggering 59 percent of cases uninvestigated.

Additionally, the Ocasio-Cortez, Cruz, Roy and Schatz proposal would do nothing to close the revolving door used by congressional staffers, which is arguably more important than the revolving door of former lawmakers.

While former members of Congress give lobbying firms credibility with clients, congressional staffers are arguably just as influential when they become lobbyists. Their knowledge of the issues, their experience writing legislation,and their relationships with other congressional staffers give them a unique skillset when they leave public service for the private sector.

So, even if the legislation passed, and was held up by the courts, and the loopholes were closed, and the laws governing registration were enforced, the revolving door between Congress and K Street would still be open and the swamp would remain pretty swampy.

Despite all of this, what worries me the most about the lifetime ban is the unintended consequences it would have on organizations and nonprofits that help many people here in the United States and around the world.

Most people wrongfully assume that all lobbyists work for nefarious corporate entities. While this may seem like the case based on news coverage and social media posts, it is simply not true. There are many public interest groups and nonprofits that hire former members of Congress to lobby for them at heavily discounted rates on important issues.

Take, for example, Phil English, who lost his re-election bid in 2008 after fourteen years in the House of Representatives. He joined one of D.C.'s largest lobbying firms, Arent Fox LLP, in 2009 and started lobbying Congress after his one-year ban ended.

While he has corporate clients in the pharmaceutical and energy sectors, he also has lobbied for several research colleges and universities in Pennsylvania, a leading U.S. Catholic charity and one of the top children's hospitals in the nation. While I do not know him, and cannot speak to his work, banning him from lobbying for these nonprofit organizations would negatively impact their ability to achieve their mission.

We need to stop focusing so much on lobbying bans and regulations that would do little to fix our broken system. The only solution to this problem is to fight fire with fire.

There is an old adage in D.C. that states, "If you are not at the table, then you are on the menu," and that is why the public is constantly outgunned, outmatched and beaten in the political arena by corporate America.

Almost every large corporation in America hires lobbyists to advocate for its cause and almost every industry has an association working to make sure its interests are heard on Capitol Hill. Public interest groups and nonprofits do not prioritize engaging with lawmakers and do not see the value in hiring lobbyists, creating a one-sided fight on Capitol Hill.

It is about time the public sector takes a page from the private sector and starts getting more influencers working on our side to make sure our voice is heard. We need to have lobbyists working for us to counter the corporate lobbyists that flood the halls of Congress every day. It is the only way we will level the playing field and get Congress listening to us again.


Read More

U.S. and Puerto Rico flags
Puerto Rico: America's oldest democratic crisis
TexPhoto/Getty Image

Puerto Rico’s New Transparency Law Attacks a Right Forged in Struggle

At a time when public debate in the United States is consumed by questions of secrecy, accountability and the selective release of government records, Puerto Rico has quietly taken a dangerous step in the opposite direction.

In December 2025, Gov. Jenniffer González signed Senate Bill 63 into law, introducing sweeping amendments to Puerto Rico’s transparency statute, known as the Transparency and Expedited Procedure for Access to Public Information Act. Framed as administrative reform, the new law (Act 156 of 2025) instead restricts access to public information and weakens one of the archipelago’s most important accountability and democratic tools.

Keep ReadingShow less
The SHAPE Act and the Fight to Protect State Department Workers

A woman shows palm demonstrating protest

Getty Images

The SHAPE Act and the Fight to Protect State Department Workers

When the #MeToo movement erupted in 2017, it exposed sexual harassment across industries that had long been protected by their power. While early attention focused on the entertainment sector and corporate workplaces, the reckoning quickly spread to the federal government.

Within weeks, more than 200 women working in national security signed an open letter under the hashtag #MeTooNatSec, stating they had experienced sexual harassment or assault or knew colleagues who had. Many of those accounts pointed directly to the U.S. State Department.

Keep ReadingShow less
How GOP Lawmakers’ Power Transfers Are Reshaping Everything From Utilities to Environmental Regulation in North Carolina

North Carolina’s Republican-led legislature has siphoned off some of the governor’s traditional powers. Democrats argue that the moves have affected the state’s democracy and the everyday lives of its residents.

Makiya Seminera/AP

How GOP Lawmakers’ Power Transfers Are Reshaping Everything From Utilities to Environmental Regulation in North Carolina

North Carolina voters have chosen Democrats in three straight elections for governor; the state’s Republican-led legislature has countered by siphoning off some of the powers that traditionally came with the job.

These power grabs have had a profound effect on both democracy in the state and on the everyday lives of North Carolina residents, Democrats argue.

Keep ReadingShow less
​New York City Mayor-elect Zohran Mamdani

New York City Mayor-elect Zohran Mamdani announces a series of top appointments, including the city’s new schools chancellor, ahead of his swearing-in on December 31, 2025, in New York City

Getty Images, Spencer Platt

Congress Bill Spotlight: MAMDANI Act, Blocking Funds to NYC

After New York City’s new mayor was inaugurated on January 1, should federal funds still go to the Big Apple?

What the bill does

Keep ReadingShow less