Skip to content
Search

Latest Stories

Top Stories

The White House is upending decades of protocol for policy-making

Opinion

President Trump

President Trump's team has either ignored, manipulated or subverted the requirements for analysis and participation on numerous policy actions that range from addressing climate change to the division of waiters' tips, writes Shapiro.

Alex Wong/Getty Images

Shapiro is a professor of planning and public policy at Rutgers University. The Conversation

Whether it's overhauling asylum procedures, adding a question about citizenship to the 2020 Census, or rolling back fuel standards, a pattern has emerged when the Trump administration changes policies and creates new ones.

An announcement is made, media attention follows, the policy is formally proposed and finalized – generating more news coverage along the way. In many cases, judges suspend the new policy as lawsuits work their way through the system. Unusually, the Supreme Court often ends up determining whether the new policy can go into effect.

All presidents since the 1960s have embraced a process known as policy analysis that requires careful consideration and deliberation at every step of the way. In most cases, the public also gets to weigh in before a final decision is made. Based on my research about regulatory decision-making, I've observed a sea change in how Trump's team is dealing with public policy compared to previous administrations.


For the first 150 years of this country's history, Congress, not presidents, decided on policies by enacting laws.

Starting around 1900, lawmakers began to delegate this task to independent agencies, such as the Securities and Exchange Commission, and to government agencies under the president's control. The pace of this shift stepped up during the New Deal, three decades later.

But because this arrangement can empower unelected bureaucrats, questions about accountability arose. Chief among them: Could decisions made by unelected officials that affected millions of people be allowed in a democracy? Requiring public participation and systematic analysis became routine and required for most policy changes as a result.

The mandate for public participation came first.

In 1946, Congress passed the Administrative Procedure Act. It established rulemaking procedures that required agencies creating new policies to alert the public, seek comments, and then consider that input before making most policies final. Many states followed suit with their own versions of this measure.

The environmental, worker safety, and other social movements that arose during the 1960s and early 1970s led Congress to create agencies like the Environmental Protection Agency and the Occupational Safety and Health Administration. Lawmakers then delegated authority to make policy to those new agencies regarding the issues within their purview.

For example, the public pressure for greater automobile safety in the wake of consumer safety activist Ralph Nader's book "Unsafe at Any Speed" prompted Congress to empower the Department of Transportation to more strictly regulate automakers. Scientist Rachel Carson's"Silent Spring," a seminal book that exposed the damage caused by pesticides, expedited the passage of numerous environmental statutes in the U.S. and elsewhere and the creation of the EPA during the Nixon administration.In the wake of these new responsibilities, starting with Gerald Ford, all presidents, Republican and Democratic alike implemented and refined the requirements for analysis and input from the public prior to the unveiling of new policies. The analysis requirement championed by pioneers like Alice Rivlin, who served as President Bill Clinton's budget chief, has led to many successes.

One example is when the EPA decided in the 1980s to require the removal of all lead from gasoline because the analysis of costs and benefits showed how many lives would be saved or improved by its elimination. I relayed another success story in my policy analysis textbook: when the Department of Homeland Security scaled back its proposal for stringent requirements on aircraft repair stations in 2014. The Obama administration took this step after finding the costs to be too high for minimal security benefits.

These mandatory analyses forced agencies to use basic economic principles to calculate costs and benefits and to make the calculations available to the public.

But this approach can also fail, at least partly because it can make decisions seem overly technocratic. That's often the case when values are at stake, such as deciding whether protecting an endangered species is worth increasing the cost of construction and infrastructure projects – or blocking them altogether.

What's more, following the requisite steps can also mean the rule-making process takes not just years but decades. OSHA, for example, has taken decades to issue some rules that protect workers. Its industrial quartz regulations, for instance, reportedly took 45 years to finish. Technically known as crystalline silica, the substance, when finely ground up for manufacturing or blasted during construction, can cause workers to contract silicosis, an incurable lung disease, and lung cancer.

The Trump administration hasn't declared that it's doing anything different. It hasn't, as far as I know, ever declared that "policy analysis is bad" or said, "Let's ignore the public and ignore expertise."

But the public record shows that Trump's team has either ignored, manipulated or subverted the requirements for analysis and participation on numerous policy actions that range from addressing climate change to the division of waiters' tips.

Whether a federal agency analyzes its decisions or asks for public input on them may seem like the ultimate in inside baseball. But processes make a difference. I believe that its failure to follow the long-established policy analysis process is a key reason why Trump administration is losing many court battles.

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Read More

“It’s Probably as Bad as It Can Get”:
A Conversation with Lilliana Mason

Liliana Mason

“It’s Probably as Bad as It Can Get”: A Conversation with Lilliana Mason

In the aftermath of the killing of conservative activist Charlie Kirk, the threat of political violence has become a topic of urgent concern in the United States. While public support for political violence remains low—according to Sean Westwood of the Polarization Research Lab, fewer than 2 percent of Americans believe that political murder is acceptable—even isolated incidence of political violence can have a corrosive effect.

According to political scientist Lilliana Mason, political violence amounts to a rejection of democracy. “If a person has used violence to achieve a political goal, then they’ve given up on the democratic process,” says Mason, “Instead, they’re trying to use force to affect government.”

Keep ReadingShow less
Combatting the Trump Administration’s Militarized Logic

Members of the National Guard patrol near the U.S. Capitol on October 1, 2025 in Washington, DC.

(Photo by Al Drago/Getty Images)

Combatting the Trump Administration’s Militarized Logic

Approaching a year of the new Trump administration, Americans are getting used to domestic militarized logic. A popular sense of powerlessness permeates our communities. We bear witness to the attacks against innocent civilians by ICE, the assassination of Charlie Kirk, and we naturally wonder—is this the new American discourse? Violent action? The election of Zohran Mamdani as mayor of New York offers hope that there may be another way.

Zohran Mamdani, a Muslim democratic socialist, was elected as mayor of New York City on the fourth of November. Mamdani’s platform includes a reimagining of the police force in New York City. Mamdani proposes a Department of Community Safety. In a CBS interview, Mamdani said, “Our vision for a Department of Community Safety, the DCS, is that we would have teams of dedicated mental health outreach workers that we deploy…to respond to those incidents and get those New Yorkers out of the subway system and to the services that they actually need.” Doing so frees up NYPD officers to respond to actual threats and crime, without a responsibility to the mental health of civilians.

Keep ReadingShow less
How Four Top Officials Can Win Back Public Trust


Image generated by IVN staff.

How Four Top Officials Can Win Back Public Trust

Mandate for Change: The Public Calls for a Course Correction

The honeymoon is over. A new national survey from the Independent Center reveals that a plurality of American adults and registered voters believe key cabinet officials should be replaced—a striking rebuke of the administration’s current direction. Homeland Security Secretary Kristi Noem, Secretary of War Pete Hegseth, Attorney General Pam Bondi, and Health and Human Services Secretary Robert F. Kennedy Jr. are all underwater with the public, especially among independents.

But the message isn’t just about frustration—it’s about opportunity. Voters are signaling that these leaders can still win back public trust by realigning their policies with the issues Americans care about most. The data offers a clear roadmap for course correction.

Health and Human Services: RFK Jr. Is Losing the Middle

Secretary Robert F. Kennedy Jr. is emerging as a political liability—not just to the administration, but to the broader independent movement he once claimed to represent. While his favorability ratings are roughly even, the plurality of adults and registered voters now say he should be replaced. This sentiment is especially strong among independents, who once viewed Kennedy as a fresh alternative but now see him as out of step with their values.

Keep ReadingShow less
Marjorie Taylor Greene’s Break With Trump Over Epstein Files Is a Test of GOP Conscience

Epstein abuse survivor Haley Robson (C) reacts alongside Rep. Marjorie Taylor Greene (R-GA) (R) as the family of Virginia Giuffre speaks during a news conference with lawmakers on the Epstein Files Transparency Act outside the U.S. Capitol on November 18, 2025 in Washington, DC.

(Photo by Heather Diehl/Getty Images)

Marjorie Taylor Greene’s Break With Trump Over Epstein Files Is a Test of GOP Conscience

Today, the House of Representatives is voting on the Epstein Files Transparency Act, a bill that would compel the Justice Department to release unclassified records related to Jeffrey Epstein’s crimes. For months, the measure languished in procedural limbo. Now, thanks to a discharge petition signed by Democrats and a handful of Republicans, the vote is finally happening.

But the real story is not simply about transparency. It is about political courage—and the cost of breaking ranks with Donald Trump.

Keep ReadingShow less