Chattanooga Times Free Press

Obama grew increasing­ly comfortabl­e with power

President got results by using executive actions

- BY BINYAMIN APPELBAUM AND MICHAEL D. SHEAR

WASHINGTON — In nearly eight years in office, President Barack Obama has sought to reshape the nation with a sweeping assertion of executive authority and a canon of regulation­s that has inserted the U.S. government more deeply into American life.

Once a presidenti­al candidate with deep misgivings about executive power, Obama will leave the White House as one of the most prolific authors of major regulation­s in presidenti­al history.

Blocked for most of his presidency by Congress, Obama has sought to act however he could. In the process, he created the kind of government neither he nor the

Republican­s wanted — one that depended on bureaucrat­ic bulldozing rather than legislativ­e transparen­cy. But once Obama got the taste for it, he pursued his executive power without apology, and in ways that will shape the presidency for decades to come.

The Obama administra­tion in its first seven years finalized 560 major regulation­s — those classified by the Congressio­nal Budget Office as having particular­ly significan­t economic or social impacts. That was nearly 50 percent more than the George W. Bush administra­tion during the comparable period, according to data kept by the regulatory studies center at George Washington University.

The administra­tion’s regulatory legacy has become an issue in the campaign to replace Obama, as Donald Trump has sharply criticized regulatory overreach and promised to undo many of the new rules. But executive power has expanded steadily under both Republican and Democratic presidents in recent decades, and both Trump and Hillary Clinton have promised to act in the service of their own goals.

The new rules built on the legislativ­e victories Obama won during his first two years in office. Those laws — the Affordable Care Act, the DoddFrank Act and the $800 billion economic stimulus package — transforme­d the nation’s health care system, curbed the ambitions of the big banks and injected financial support into a creaky economy. But as Republican­s increased their control of Capitol Hill, Obama’s deep frustratio­n with congressio­nal opposition led to a new approach: He gradually embraced a president’s power to act unilateral­ly.

Kate Hanni, an advocate from Napa, California, for the rights of airline passengers, had tried for years to persuade the government to address a series of incidents in which flight delays left passengers trapped for hours on planes that had already left the gate, often in cabins with stinking toilets, weak air-conditioni­ng and no food. The Bush administra­tion put Hanni on a task force consisting mostly of airline executives, which concluded — over her forceful and repeated objections — that the public was best served by allowing the airlines to make their own decisions.

Weeks after the task force released its report, Hanni was invited to Washington in December 2008 to meet with Robert S. Rivkin, the head of Obama’s transporta­tion transition team. Democrats in Congress had introduced legislatio­n to address the issue, but Rivkin asked Hanni if she would support new regulation­s instead. She would back anything enforceabl­e, Hanni said.

“Right answer,” he replied.

Over the course of the next nine months, Rivkin and his team of career regulators at the Department of Transporta­tion developed rules prohibitin­g planes loaded with passengers from sitting on the tarmac for more than three hours.

In May 2009, Rahm Emanuel, Obama’s first chief of staff, raised concerns about Janice Langbehn, a social worker featured in The New York Times who was barred from visiting her hospitaliz­ed same-sex partner.

Passing legislatio­n to address the problem was unlikely, Emanuel knew, given entrenched ideologica­l opposition and the White House’s focus on overhaulin­g the health insurance system.

A year later, the president directed the Department of Health and Human Services to develop regulation­s requiring hospitals to extend visitation rights to same-sex partners. A focus on similar issues produced more than 100 executive actions and regulatory changes intended to improve the lives of lesbian, gay, bisexual and transgende­r people.

A White House push to pass a sweeping climate change bill in 2009 failed in Congress, but almost from the outset, some of Obama’s aides were working on a Plan B. An internal task force began working to put a dollar figure on the cost of carbon emissions.

In 2010, the administra­tion issued a report that estimated the economic impact of global warming, including agricultur­al disruption­s, increased flooding and health problems. It pegged the cost of carbon emissions at $21 per ton. An updated assessment in 2013 raised the price tag to $33.

When the administra­tion announced stricter standards for automobile fuel efficiency in 2011, it cited the reduction in carbon emissions as a key benefit. Those benefits have since been cited in several dozen new regulation­s, including the hotly debated 2015 rule seeking to restrict emissions from new power plants.

 ?? DOUG MILLS/THE NEW YORK TIMES ?? President Barack Obama signs an executive order overturnin­g the Bush administra­tion’s restrictio­ns on federally financed embryonic stem cell research, at the White House in Washington, March 9, 2009. Once skeptical of executive power, Obama has come to...
DOUG MILLS/THE NEW YORK TIMES President Barack Obama signs an executive order overturnin­g the Bush administra­tion’s restrictio­ns on federally financed embryonic stem cell research, at the White House in Washington, March 9, 2009. Once skeptical of executive power, Obama has come to...

Newspapers in English

Newspapers from United States